THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


AUTOBIOGRAPHY^ 


COLLATERAL  REMINISCENCES,  ARGUMENTS  IN 

IMPORTANT  CAUSES,  SPEECHES,  ADDRESSES, 

LECTURES,  AND  OTHER  WRITINGS, 


SAMUEL  A.  j  FOOT,  LLD, 

COUNSELLOR  AT  LAW,   AND  LATE  JTJiWE  OF  THE  COURT   OP  APPEALS. 


TWO    VOLUMES. 


VOL    I.     *^. 

AUTOBIOGRAPHY   AND  COLLATERAL. 
REMINISCENCES. 


NEW     YORK: 

1872. 


Entered  according  to  Act  of  Congress,  in  the  year  1872,  by 

SAMUEL    A.    FOOT, 
In  the  Office  of  the  Librarian  of  Congress,  at  Washington 


Electrotyped  by  SMITH  &  McDouoAL,  82  Beekman  Street,  New  York. 


PREFACE. 


TO    MY    CHILDREN.  * 

THE  life  of  a  lawyer  is  seldom  identified  with  striking 
events  or  important  national  measures,  which  carry  it  on  to  the 
page  of  history.  He  may  obtain,  by  learning,  industry,  en- 
ergy, perseverance,  and  self-denial,  high  professional  distinc- 
tion. He  may  win  and  enjoy  the  respect  and  esteem  of  his 
professional  brethren  of  the  bar  and  of  the  bench,  the  admira- 
tion and  gratitude  of  his  clients,  and  the  applause  of  all  who 
witness  his  skill  and  listen  to  his  forensic  efforts  ;  and  if  to 
professional  distinction  he  can  add  purity  of  morals,  strict  in- 
tegrity, amenity  of  manners,  and  especially  a  Christian  walk 
and  conversation,  he  will  also  secure  the  confidence,  friendship, 
and  affection  of  all  who  know  him.  His  life  will  be  one  of 
great  usefulness  and  a  real  blessing  to  the  community  in 
which  he  lives.  Yet,  when  death  comes,  and  the  curtain  falls 
upon  the  scene  of  his  activity  and  usefulness,  his  neighbors 
and  friends  will  mourn  his  loss,  talk  of  his  many  excellencies, 
recount  his  professional  efforts,  and  cherish  his  memory.  But 
when  the  historian  writes  the  annals  of  the  period  in  which  he 

*  Although  this  work  is  addressed  to  "  My  Children,"  it  is  proper  for 
me  to  state  that  it  has  not  been  submitted  to  them  for  perusal  or  exami- 
'  nation  before  publication. 


55C945 


IV 


PREFACE. 


lived,  his  learning,  talents,  professional  achievements,  and 
virtues,  will  form  no  theme  for  his  pen.  The  memory  of  them 
will  have  perished  with  his  generation. 

My  life  has  been  mainly  that  of  a  laborious,  persevering, 
earnest  lawyer,  and  my  studies  have  been  principally  directed 
to  obtaining  success  in  my  profession.  Absorbing  and  exact- 
ing as  that  profession  always  is,  it  was  not  allowed,  however, 
entirely  to  engross  me.  It  was  never  permitted  to  interfere 
with  the  discharge  of  my  duty  as  a  citizen.  At  a  very  early 
period  of  life,  and  some  years  before  being  entitled  to  vote — 
indeed,  as  soon  as  I  understood  the  nature  of  our  Government, 
the  importance  of  the  duty  of  exercising  the  right  of  suffrage 
intelligently  was  deeply  impressed  upon  me,  and  I  have  never 
failed  to  discharge  that  duty.  By  classical  and  general  read- 
ing, I  increased  my  knowledge,  strove  to  keep  up  with  the 
progress  of  science,  arts,  and  literature,  and  endeavored,  as 
opportunity  offered,  by  addresses,  lectures,  and  writings,  to 
benefit  and  improve  my  fellow-men. 

Several  offices — executive,  judicial,  and  legislative — have 
been  held  by  me,  and  one  of  high  grade,  viz. :  Judge  of  our 
Court  of  Appeals.  Many  important  causes  have  been  argued 
by  me,  several  of  which  involved  serious  constitutional  ques- 
tions. Some  of  my  arguments  have  been  published  in  full, 
others  in  substance,  and  others  again  only  briefly  noticed.  I 
have  written  and  delivered  numerous  political  and  literary 
addresses  and  lectures,  many  of  which  have  been  published, 
and  some  of  them  widely  circulated,  and  have  written  many 
articles  for  public  journals.  Yet,  when  the  history  of  this 
state  and  country  shall  be  written,  in  the  next  or  subsequent 
centuries,  my  name  will  probably  not  be  mentioned,  nor  the 
names  of  many  distinguished  members  of  the  bar  with  whom 


PREFACE.  V 

I  was  associated,  and  who  were  ornaments  of  our  profession, 
and  blessings  to  our  state  and  country. 

In  the  hope  that  some  of  my  children  and  grandchildren 
may  reach  so  high  a  position  of  honor  and  usefulness  as  to 
render  their  parentage  an  object  of  interest,  also  to  stimulate 
and  encourage  them  to  live  lives  of  industry,  economy,  purity, 
and  holiness,  I  have  determined  now,  in  my  seventy-fifth  year, 
to  write  a  plain  and  truthful  autobiography — give  an  account 
of  the  incidents  which  have  occurred  during  my  life — append 
to  it  my  arguments,  addresses,  and  lectures,  which  have  been 
published  or  preserved,  and  my  articles  written  for  and  pub- 
lished in  public  journals,  and  print  a  few  copies  for  my  chil- 
dren, grandchildren,  and  near  relatives. 

GENEVA,  February,  1865. 


PORTRAITS. 


Page. 

Mr.  FOOT Vignette. 

Mrs.  FOOT 401 

JOHN-FOOT 354 

SAMUEL  C.  FOOT 356 

ALFRED  FOOT 412 


AUTOBIOGRAPHY. 


~T~N  1849,  Nathaniel  Goodwin,  of  Hartford,  Ct.,  distin- 
1  guished  for  his  knowledge  of  the  genealogies  of  the 
descendants  of  the  first  settlers  of  New  England,  published  a 
volume  of  360  pages,  containing  the  genealogies  of  the  de- 
scendants of  Nathaniel  Foot,*  one  of  the  first  settlers  of  the 
town  of  Weathersfield,  in  that  state. 

By  this  volume  it  appears,  that  I  am  a  lineal  descendant 
in  the  seventh  generation  from  this  first  settler  of  Weathers- 
field,  who,  with  other  emigrants  from  England,  first  located 
in  the  colony  of  Massachusetts  Bay,  in  Watertown  and  other 
settlements  in  the  vicinity  of  Boston,  but  in  a  few  years  after- 
wards, and  in  1636,  left  Massachusetts  for  Weathersfield,  Ct., 
"Where  they  might  better  maintain  their  ministers,  find 
larger  accommodations  for  their  cattle,  and  welcome  more  of 
their  friends  from  England,  who  were  suffering  for  the  faith 
once  delivered  to  the  saints." 

This  volume  contains  a  full  account  of  my  ancestors  and 
every  thing  of  interest  concerning  them.  At  page  313  will  be 
found  a  biographical  notice  of  my  brother,  Ebenezer,  written 
by  me  in  1848,  at  the  request  of  our  relatives  and  kinsmen  in 
Connecticut,  who  were  aiding  Mr.  Goodwin  in  collecting  ma- 
terials for  his  volume.  In  this  notice  of  my  brother  some  ac- 
count is  given  of  my  parents  and  their  family  ;  but  it  is  far 
from  being  as  full  of  my  parents  as  my  children  should  have. 

In  1775,  when  the  Revolutionary  War  commenced,  my 

*  Some  of  his  descendants  spell  the  name  with  a  final  e,  others  with- 
out it — most  of  my  branch  without  it. 


8  AUTOBIOGRAPHY 

father  was  thirty-three  years  old,  and  my  mother  thirty.  My 
father  then  owned  a  farm  of  150  acres  in  Watertown,  Ct., 
being  the  homestead  of  my  grandfather,  Dr.  Thomas  Foot, 
who  gave  it  to  my  father,  with  whom  he  and  my  grandmother 
lived  till  they  died,  my  grandfather  in  1776,  and  my  grand- 
mother in  1789.  My  parents  were  faithful  and  earnest  Whigs. 
My  father  served  in  the  militia  of  Connecticut,  and  responded 
to  every  call  during  the  war.  On  two  occasions  every  able- 
bodied  man  was  taken  from  Watertown,  and  my  mother  was 
obliged  to  go  into  the  field  and  labor  to  preserve  and  secure 
the  crops.  During  the  seven  years  of  the  war,  from  the  pro- 
ducts of  their  farm,  they  paid  the  value  of  it  in  taxes,  and 
every  autumn,  after  gathering  their  crops,  and  setting  aside 
Bufficient  to  pay  their  taxes,  they  set  apart  what  would  be  re- 
quired to  feed  and  clothe  themselves  and  children  for  the  year, 
made  a  list  of  the  rest,  and  sent  it  to  the  appropriate  officer 
far  the  use  of  the  army,  and  were  paid  for  it  in  a  currency 
which  proved  to  be  of  no  value.  I  recollect  to  have  seen, 
when  a  boy,  a  large  pile  of  this  worthless  paper  in  my  father's 
drawer.  We  have  now  (1865)  a  very  inadequate  idea  of  the 
homely,  yet  inestimable  virtues  of  industry,  frugality,  self- 
denial,  and  unpretending,  yet  unyielding  public  spirit,  which 
our  fathers  and  mothers  practiced  in  their  struggle  for  na- 
tional independence.  I  have  heard  my  mother  say,  that  she 
and  father  had  only  one  drawing  of  tea  during  the  whole  war, 
and  no  molasses  except  what  she  made  from  cornstalks.  My 
parents  were  not  alone  in  the  practice  of  these  homely  virtues. 
Thousands  of  men  and  women,  heads  of  families  in  New  Eng- 
land, did  the  same  ;  and  to  their  humble,  self-denying  and 
persevering  efforts,  was  our  young  nation  mainly  indebted  for 
cuccess  in  its  contest  with  the  mother  country.  Their  names, 
however,  will  never  adorn  a  page  of  history,  but  their  children 
and  their  children's  children  may  rightfully  recall  their  virtues, 
record  them  in  the  family  archives,  and  drink  in  the  inspira- 
tion of  their  example.* 

*  In  the  case  of  my  parents,  their  patriotic  spirit  seems  to  have  de- 
scended on  their  posterity.     For  in  the  present  war  to  preserve  our  na- 


AND  COLLATERAL  REMINISCENCES.  9 

After  the  war  my  parents  devoted  all  their  energies  to  the 
education  of  their  children.  They  applied  the  whole  proceeds 
of  their  farm  to  that  object,  and  laid  up  nothing  for  them- 
selves. My  sisters  had  the  best  educational  advantages  that 
section  of  the  country  afforded  ;  and  my  second  brother,  John, 
received  a  liberal  education.  These  strenuous  efforts  of  my 
parents,  and  especially  the  hard  labor  performed  by  my  father 
on  the  farm,  broke  him  down  in  health  and  strength  when 
about  sixty  years  of  age  (1802).  After  that  time,  he  was  not 
able  to  do  anything  on  the  farm,  not  even  to  give  directions 
for  its  management.  This  early  decadence  of  my  father 
obliged  me,  while  yet  a  mere  boy,  only  twelve  years  of  age,  to 
take  charge  of  the  farm,  which  I  did  under  my  mother's  di- 
rection, and  of  which  a  more  full  account  will  be  given  here- 
after in  these  pages. 

My  parents  were  firm  and  earnest  Christians,  were  mem- 
bers of  the  Congregational  Church  in  Watertown,  and  faith- 
ful and  consistent  in  the  discharge  of  their  religious  duties. 
They  kept  the  Sabbath  with  great  strictness,  and  required  all 
the  members  of  their  family  to  do  the  same.  My  father  had 
a  room  in  a  long,  one-story  building,  near  the  church,*  which 
was  about  a  mile  and  a  quarter  from  his  residence,  where  the 
members  of  his  family,  and  particularly  his  children,  were  re- 
quired to  spend  the  recess  between  the  services.  There  some 
plain  food  was  furnished,  and  there  the  children  learned  the 

tional  life,  five  of  my  sons  and  eight  of  my  nephews,  sons  and  grandsons 
of  my  sisters,  Davies,  Lane,  and  York,  have  already  (February,  1865)  en- 
gaged in  the  military  service  of  our  country.  Two  of  my  sons  and  one 
of  my  nephews  have  yielded  their  lives  in  the  contest,  and  one  of  my 
sons  and  two  of  my  nephews  been  severely  wounded.  "A.S  for  myself, 
age  has  prevented  me  from  serving  in  the  field,  but  I  have  done  what  I 
could  for  the  country  by  writing,  speaking,  and  pecuniary  loans  and  con- 
tributions. 

>  *  In  the  early  part  of  this  century,  and  probably  at  an  earlier  period, 
it  was  usual  in  New  England  to  erect  near  the  meeting-house  a  long, 
narrow,  one-story  building,  which  was  divided  into  rooms.  These  rooms 
were  separately  occupied  by  families  of  the  congregation  in  the  same  way 
my  father's  was. 


10  AUTOBIOGRAPHY 

catechism,  and  all,  parents  and  children,  read  the  Bible. 
Sabbath-day  room  and  my  confinement  in  it,  are  among  my 
earliest  recollections.  The  rudiments  of  my  education  were 
acquired  in  the  Old  Red  School-House,  described  in  my  ad- 
dress, delivered  at  Watertown,  on  the  4th  of  September,  1854, 
on  the  dedication  of  the  "  Ever-Green  Cemetery "  in  that 
town,  and  under  the  tuition  of  Mr.  Punderson,  also  mentioned 
in  that  address.*  I  attended  this  school  summer  and  winter 
until  old  enough  to  work  on  the  farm,  and  after  that  only  in 
the  winter.  As  soon  as  I  learned  to  read,  my  mother,  by  per- 
suasion and  reward,  induced  me  to  read  the  Bible  through, 
and  learn  the  Westminster  catechism.  In  consequence  of  the 
impaired  health  of  my  father,  I  began  to  labor  on  the  farm 
in  the  summer,  earlier  than  boys  in  that  neighborhood  gener- 
ally did.  My  impression  is  that  I  did  not  go  to  school  in  the 
summer  after  I  was  ten  years  old.  During  the  years  1803 
and  1804,  and  the  year  1805,  till  after  the  fall  crops  were 
gathered,  being  the  thirteenth,  fourteenth  and  fifteenth  years 
of  my  age,  I  conducted  the  farm,  as  already  mentioned,  under 
the  advice  and  direction  of  my  mother.  This  obliged  me  thus 
early  to  learn  how  to  do  all  kinds  of  farming  work,  more  to 
enable  me  to  see  that  the  laborers  we  hired  did  their  work 
properly,  than  to  do  the  hard  work  myself ;  but  this  led  me 
to  learn  not  only  to  plough,  hoe,  and  make  and  repair  fences, 
but  also  to  mow,  reap  and  cradle.  The  knowledge  then  ac- 
quired is  still  retained,  and  I  am  able  now  (1865)  to  teach 
men  I  employ  how  to  plough,  hoe,  cradle,  reap,  mow,  and 
make  fences.  The  taste,  too,  for  agricultural  pursuits,  which 
was  acquired  in  those  early  and  now  distant  years,  has  re- 
mained with  me  through  life,  and  now  gives  me  pleasure  and 
employment. 

When  I  entered  my  teens,  my  oldest  brother,  Ebenezer, 
was  in  successful  practice  as  a  lawyer  at  Troy,  in  this  state. 
My  brother  John  was  away  from  home  most  of  the  time,  and 

*  This  address  will  be  found,  under  its  date,  among  my  writings 
xwhich  are  published  with  this  autobiography  in  the  order  of  their  dates. 


AND 'COLLATERAL  REMINISCENCES.  H 

in  such  wretched  health  as  to  be  unable,  .when  at  home,  to 
render  my  parents  any  assistance.  My  sisters  were  all  mar- 
ried and  settled  in  life,  except  the  youngest,  Lavinia,  next 
older  than  me.  My  parents  had  nothing  but  the  farm,  and 
had  been  obliged  to  sell  some  fifteen  acres  of  that  to  clear 
themselves  of  debt.  There  seemed  to  be  nothing  before  me 
but  a  life  of  hard  work  on  the  old  farm,  then  greatly  exhausted 
by  continued  cropping  for  years.  There  appeared  to  be  no  hope 
or  prospect  of  an  education  for  me,  nor  did  I  look  forward  to 
anything  of  the  kind. 

But  in  the  summer  of  1805,  my  brother,  Ebenezer,  made  a 
visit  to  Watertown,  and  proposed  that  I  should  leave  home 
the  following  fall,  after  the  crops  were  in,  go  to  Troy,  and 
live  with  him,  saying  he  would  take  me  into  his  office  as  a 
clerk,  and  give  me  a  chance  to  become  a  lawyer.  My  mother 
was  deeply  grieved  at  the  thought  of  parting  with  her 
youngest  child,  and  the  only  one  who  could  be  of  service  to 
her  on  the  farm,  and  assist  her  in  supporting  the  family.  But 
she  knew  it  was  best  for  me  to  go,  and,  after  a  few  weeks  of 
anxious  thought  and  a  severe  struggle  with  her  own  feelings, 
she  determined  to  sacrifice  them  and  her  own  comfort  for  my 
welfare,  and  consented  to  my  going.  My  father  was  too  feeble 
in  mind  and  body  to  have  or  express  any  opinion  or  wish  on 
the  subject.  It  has  been  told  me,  and  I  fear  with  too  much 
truth,  that  one  reason  which  induced  my  mother  to  part  with 
me,  was  the  necessity — she  saw  there  was — of  my  being  placed 
under  a  stronger  supervision  than  she  could  exercise  over  me. 

After  my  mother  had  consented  to  part  with  me,  an  ar- 
rangement was  made  with  my  brother-in-law,  Mr.  Selah  Sco- 
vill,  to  purchase  a  part  of  the  old  farm,  and  with  my  sister, 
his  wife,  come  and  live  with  my  parents. 

In  October,  1805,  and  about  two  months  before  I  was 
fifteen  years  of  age,  a  certain  Monday  morning  was  fixed  upon 
as  the  time  for  me  to  leave,  as  by  that  time  we  expected  all 
the  fall  crops  would  be  gathered  :  but  from  some  cause,  not 
now  recollected,  all  the  potatoes  were  not  dug  and  brought 
into  the  cellar,  and  I  worked  alone  in  the  field,  with  a  cart  and 


12  AUTOBIOGRAPHY 

oxen,  and  by  the  light  of  a  lantern,  till  near  twelve  o'clock  of 
the  Saturday  night  previous  to  my  leaving,  to  finish  the  gath- 
ering of  the  potatoes,  so  as  not  to  be  disappointed  in  starting 
the  next  Monday  morning.  On  that  morning,  with  five  dol- 
lars in  money  and  a  pack  containing  a  few  clothes  and  some 
food,  and  which  my  mother  weighed,  and  found  its  weight  to 
be  eleven  pounds,  I  started  on  foot  for  Troy,  in  this  state,  a 
distance  of  about  one  hundred  miles.  I  traveled  the  first  day 
twenty-five  miles,  and  reached  Canaan  Hollow — too  far  for  the 
first  day  ;  for,  on  rising  the  following  morning,  my  limbs  were 
so  stiff  that  I  could  scarcely  walk.  When  hardly  a  mile  from 
the  tavern  where  I  staid  over  night,  a  man  seeming  to  have 
authority,  probably  some  constable  or  selectman  of  the  town, 
stopped  me,  and  was  about  to  take  me  up  as  a  runaway,  but 
the  account  I  gave  of  myself  was  at  last  satisfactory  to  him, 
and  he  let  me  go  on.  Being  small  of  my  age,  he  seemed  for 
awhile  to  doubt  whether  my  parents  could  have  allowed  so 
small  a  boy  to  start  afoot  and  alone  on  so  long  a  journey.  An 
honest  look  and  a  straight  story,  however,  removed  his  doubts, 
though,  as  if  not  quite  satisfied,  he  still  stood  in  the  road  and 
kept  his  eye  upon  me,  until  a  turn  in  the  road  took  me  out  of 
his  sight.  On  the  fifth  day,  in  the  afternoon,  I  reached  my 
brother's  house  in  Troy. 

After  a  day  or  two,  I  commenced  my  clerkship  in  my 
brother's  office,  and  undertook  to  learn  Latin,  under  the 
tuition  of  Mr.  Jesse  L.  Billings,  a  young  gentleman  of  liberal 
education,  and  a  clerk  in  the  office.  I  continued  in  my 
brother's  family  and  office  a  little  over  a  year.  My  brother 
was  absent  a  large  portion  of  the  time,  attending  courts  in 
different  counties  of  the  state.  I  was  the  errand  boy  for  the 
house  and  the  office  ;  no  fixed  hours  of  study  were  assigned 
me  ;  my  evenings  were  generally  spent  with  playmates  in  the 
street ;  and  on  the  whole,  my  year  and  one  month  in  Troy  as 
a  lawyer's  clerk  were  poorly  spent.  I  made  some  progress  in 
Latin,  learned  the  grammar,  though  imperfectly,  and  read,  or 
tried  to  read,  about  a  book  and  a  half  of  Virgil's  JEneid.  My 
indifferent  progress  should  not  be  charged,  however,  to  my 


AND  COLLATERAL  REMINISCENCES.  13 

tutor.  Mr.  Billings  was  a  highly  respectable  and  worthy 
young  man,  and  became  a  prominent  and  successful  lawyer 
and  an  estimable  citizen  of  Washington  county,  in  this  state. 
He  no  doubt  did  the  best  he  could  with  me. 

Two  of  my  most  intimate  playmates  and  street  compan- 
ions in  Troy  have  become  eminent  Christians,  and  wealthy, 
liberal,  and  distinguished  citizens.  One  is  Henry  Young,  of 
the  city  of  New  York,  and  the  other  Jedediah  Huntington, 
of  Norwich,  Connecticut.  When  I  recall  the  manner  in  which 
we  passed  our  evenings,  the  many  pieces  of  mischief  we  com- 
mitted, and  the  little  promise  either  of  us  then  gave  of  future 
usefulness  and  respectability,  I  cannot  but  exclaim,  "  Oh  ! 
the  infinite  mercy  of  a  gracious  God  !" 

In  December,  1806,  my  brother  sent  me  to  Schenectady, 
and  placed  me  in  the  grammar  school  of  Union  College.  This 
school  was  a  part  of  the  college  and  under  its  government. 
The  pupils  lodged  in  the  college  buildings,  and  ate  at  com- 
mons with  the  under  graduates.  Mr.  Thomas  McAuley,  one 
of  the  professors  of  the  college,  had  the  immediate  charge  of 
the  school.  He  directed  the  studies  and  inflicted  the  punish- 
ments. The  scholars  studied  in  a  large  room,  wfcere  he  gen- 
erally presided.  When  I  entered  the  school,  which  was  at 
the  beginning  of  the  winter  term,  a  copy  of  the  laws  of  the 
college  was  handed  to  me  to  read  and  observe.  One  of  them 
prohibited  the  students  from  leaving  their  rooms  during  the 
hours  of  study  ;  another,  from  going  into  the  city  during  those 
hours  without  special  permission. 

I  am  now  going  to  relate  an  incident  which,  though  trivial 
in  itself,  had  a  powerful  and  probably  a  controlling  influence 
in  shaping  my  future  course  and  forming  my  character  ;  and 
from  it,  too,  parents  and  teachers  may  learn  the  important 
lesson,  never  to  punish  unjustly. 

The  day  I  entered  the  school  I  formed  an  acquaintance 
with  a  scholar  who  had  been  in  the  school  a  year  and  more. 
After  supper,  he  told  me  he  was  going  out  to  a  tavern  in  the 
city,  where  a  man  kept  a  Jceno  table  (which  was  a  gambling 
table  on  a  small  scale),  where  boys  could  play  and  make 


14  AUTOBIOGRAPHY 

money,  if  they  had  good  luck  ;  and  he  was  going  to  try  his, 
and  asked  me  to  go  with  him  and  see  how  he  came  out.  I 
'  told  him  it  was  against  the  rules  of  college  to  go  out  in  study 
hours.  He  said  nobody  minded  the  rules  for  the  first  two  or 
three  days  of  the  term ;  that  the  faculty  let  the  boys  do  as 
they  pleased  till  they  began  study  regularly,  which  they  never 
did  till  the  third  day.  Thus  misled,  I  went  with  him,  and 
he  played,  venturing  a  cent  or  two  at  a  time.  We  returned 
about  nine  o'clock.  Our  absence  was  discovered,  and  the  next 
morning,  after  the  school  was  assembled  for  study,  Professor 
McAuley  called  us  to  his  desk,  and  inquired  as  to  our  absence. 
I  made  a  clean  breast  of  it,  told  him  how  I  came  to  go  out, 
and  assured  him  that  I  should  not  have  gone  had  I  not  be- 
lieved what  my  schoolmate  had  told  me  about  the  rules  at  the 
beginning  of  the  term.  He  punished  my  schoolmate  pretty 
severely  on  the  palms  of  his  hands  with  a  ferule,  then  turned 
to  me,  said  my  excuse  would  not  do,  and  explained,  though 
not  satisfactorily  to  me,  why  it  would  not ;  that  he  regretted 
being  obliged  to  punish  me  the  second  day  after  joining  the 
school,  but  that  he  could  not  allow  such  a  plain  violation  of 
the  rules  to  pass  without  punishment.  I  said  nothing,  though 
I  felt  that  his  decision  was  unjust,  as  my  real  fault,  if  fault  it 
was,  consisted  in  believing  the  statement  of  a  schoolmate 
whose  acquaintance  I  had  just  made,  and  whose  truthfulness 
I  had  no  reason  to  doubt.  As  soon  as  the  decision  was  made, 
without  waiting  to  be  told  to  hold  out  my  hand,  I  stepped  up 
to  the  Professor,  held  out  one  hand,  sustained  it  by  clasping 
the  wrist  with  the  other,  stood  erect,  and  looked  him  in  the 
face,  as  much  as  to  say,  I  am  ready,  sir  ;  strike  away.  Some- 
thing in  my  manner  and  appearance  arrested  the  attention  of 
Professor  McAuley.  He  looked  intently  at  me  for  an  instant, 
seemed  to  read  me  through,  laid  down  his  ferule,  and  said  : 
''Foot,  I  don't  think  you  will  violate  the  rules  of  college 
again  ;  you  may  take  your  seat/'  The  act  and  the  word 
reached  the  depths  of  my  heart,  and  gave  the  Professor  a  con- 
trolling influence  over  me,  which  he  used  to  my  great  advan- 
tage. Had  he  punished  me,  my  belief  is  that  the  punishment 
would  have  been  a  serious  injury  to  me. 


AND  COLLATERAL  REMINISCENCES.  15 

On  the  4th  of  November,  1830,  I  purchased  and  com- 
menced an  improved  Common  Place  Book,  and  copied  into  it 
such  scraps  as  I  had  before  collected  and  then  wished  to  pre- 
serve. Under  the  word  "  Autobiography "  is  the  following 

entry : 

"  Before  going  to  Schenectady  to  school  (which  was  in  Decem- 
ber, 1806),  I  had  no  other  ambition  than  to  be  conspicuous  among 
my  mates  for  daringness  and  disregard  of  consequences  in  mis- 
chievous designs.  In  a  few  weeks,  however,  Professor  Thomas 
McAuley,  by  his  judicious  management,  awakened  in  me  a  strong 
desire  to  excel  in  literary  pursuits,  and  make  a  figure  in  the  world 
at  some  future  day."  * 

I  remained  in  this  grammar  school  till  the  following  July 
(1807),  when  the  college  commencement  occurred  and  the  long 
summer  vacation  began.  My  attention  to  my  studies  during 
this  period  was  good,  but  my  preparation  for  entering  college 
was  far  from  being  completed.  I  had  yet  to  read  four  and  a 
half  books  of  the  ^Eneid  and  three  orations  of  Cicero  in  Latin, 
and  the  four  Evangelists  in  Greek,  while  in  the  latter  language 
I  had  only  been  through  the  grammar  once,  and  translated  a 
few  easy  sentences  in  some  book  of  Greek  exercises  not  now 
recollected. 

By  this  time  I  had  come  to  understand  and  realize  the 
position  I  held  in  respect  to  my  brother.  The  thought  of  de- 
pendence upon  his  bounty  was  upon  me  in  full  volume.  It 
produced  upon  ine  a  twofold  effect :  one,  that  his  bounty 
should  not  be  bestowed  in  vain  ;  the  other,  that  it  should  be 
taxed  to  as  limited  an  extent  as  possible  ;  in  other  words,  that 
the  money  he  spent  for  my  education  should  bring  a  full  re- 
turn in  my  educational  progress,  and  that  I  would  not  ask  for, 

*  This  gentleman,  who  was  such  a  wise  and  faithful  guide  to  me, 
after  a  service  of  considerable  length  as  a  professor  in  Union  College,  be- 
came a  minister  of  the  gospel,  and  preached  a  number  of  years  in  the 
city  of  New  York  with  great  acceptance  and  benefit  to  his  hearers.  He 
•was  a  co-manager  with  me  of  "  The  American  Bible  Society,"  in  that 
city,  during  the  years  1843-'4-'5-'6. 


16  AUTOBIOGRAPHY 

or  spend  a  dollar  that  I  could  possibly  do  without.  In  this 
spirit,  I  resolved,  if  possible,  to  enter  college  at  the  beginning 
of  the  next  college  term  and  year,  in  September  ;  and  thus 
save  a  year.  The  vacation  was  six  weeks  long.  With  my 
brother's  approval,  I  remained  at  college  after  the  commence- 
ment, and  engaged  a  teacher  to  hear  me  recite  an  hour  every 
day.  During  the  whole  of  that  vacation  I  studied  closely 
fourteen  hours  a  day,  recited  one  hour,  and  spent  another 
hour  and  a  half,  and  sometimes  more,  in  meals  and  exercise. 
If  any  collegian  has  ever  spent  a  vacation  at  college,  he  knows 
how  lonely,  how  wretched  lonely,  it  is  ;  yet,  to  accomplish  my 
purpose,  this  oppressive  loneliness  was  endured  and  overcome. 

I  read  the  four  and  a  half  books  of  Virgil  and  the  three 
orations  of  Cicero  without  difficulty ;  but  the  Greek  was  a 
poser,  and  the  more  so  to  me,  as  my  teacher  was  an  indifferent 
Greek  scholar.  With  my  best  efforts,  I  was  only  able  to  read 
the  Gospel  of  John  and  the  first  chapter  of  Matthew  ;  those, 
however,  were  thoroughly  read.  When  the  term  commenced, 
in  September,  I  was  examined,  and  though  deficient  in  Greek, 
the  faculty  of  the  college  allowed  me  to  enter  the  Freshman 
class,  with  the  understanding  that  my  deficiency  in  Greek  was 
to  be  made  up  during  the  term,  which  was  done. 

My  collegiate  course  was  not  marked  by  any  unusual  oc- 
currence. I  was  diligent  in  my  studies  and  ambitious  to  ex- 
cel ;  and  was  one  among  several,  whom  Dr.  Nott,  the  President 
of  the  college,  allowed  to  accept  invitations  to  parties  in  the 
city.  One  rule  was  never  departed  from,  and  that  was,  to 
learn  my  lesson  first,  and  after  that  spend  my  time  as  I 
pleased.  But  my  time  was  seldom  wasted.  It  was  almost 
always  occupied  in  reading,  or  writing  exercises  for  the  class  or 
society  (Philomathian)  to  which  I  belonged.  My  brother  gave 
me  but  little  pocket-money,  and  my  clothes  were  not  equal  to 
those  of  the  students  in  general,  and  barely  sufficient  to  save 
me  from  remarks  on  their  deficiency.  When  the  class  com- 
menced the  study  of  Euclid,  I  committed  to  memory  the  de- 
monstrations of  the  first  four  propositions,  and  repeated  them, 
at  recitation,  without  understanding  them.  When  the  class 


AND  COLLATERAL  REMINISCENCES.  17 

came  to  the  fifth,  I  studied  at  it  for  hours  and  until  late  at 
night ;  finally,  the  demonstration  burst  upon  me,  and  then, 
for  the  first  time,  I  became  conscious  of  having  the  power  of 
reasoning  abstractly.  From  that  tune  forward  my  mathemat- 
ical lessons  were  the  easiest  ones.  An  incident  occurred  in 
the  last  term  of  my  Junior  year,  which  made  a  deep  impres- 
sion on  me  at  the  time,  and  the  recollection  of  which  is  still 
very  distinct,  and  shows  conclusively  that,  while  the  body 
rests  and  is  refreshed  by  sleep,  the  mind  is  still  active.  The 
class  had  for  the  morning  lesson  some  propositions  in  Enfield's 
Philosophy.  Among  them  was  one,  the  demonstration  of 
which  was  involved  and  perplexing.  My  room-mate  and  I 
labored  at  it  till  bed-time,  and  could  not  comprehend  it.  He 
gave  out  and  went  to  bed,  but  I  was  not  willing  to  give  it  up, 
and  continued  my  efforts  to  unfold  and  comprehend  the  reason- 
ing.  At  length,  wearied  out  and  still  unsuccessful,  I  went  to 
bed  and  asleep.  About  2  o'clock  A.M.  that  night,  I  woke  up 
with  a  clear  and  full  comprehension  of  the  proposition  and  the 
demonstration — woke  up  my  room-mate,  and  said,  "  Chum,  t~ 
can  demonstrate  that  proposition."  I  struck  a  light,  marked 
out  the  figure  on  our  blackboard,  returned  to  bedxand  then 
gave  the  demonstration. 

There  was  great  rivalry  between  the  Adelphic  and  Philo- 
mathean  societies.  Each  strove  to  obtain  the  first  honor  of 
the  class.  My  society  (the  Philomathean)  claimed  that  I 
was  the  best  scholar  in  our  class  ;  and  the  Adelphic,  that  my 
class-mate,  Silliman,  a  member  of  that  society,  was. 

In  my  Common-place  book,  before  mentioned,  I  find  an  en- 
try in  the  following  words  : 

"  Early  in  my  collegiate  course  I  adopted  some  rales  of  life, 
and  entered  them  in  a  kind  of  common-place  book.  I  will  pre- 
serve them,  to  show  me  my  thoughts  at  that  period  of  life. 

Be  familiar,  but  by  no  means  vulgar. 

Be  generous,  but  not  prodigal. 

Wear  a  rich  but  not  a  gaudy  dress. 

We  like  the  man  we  laugh  at,  but  never  respect  him. 
2 


18 


AUTOBIOGRAPHY 


Only  take  a  man,  or  pretend  to  take  him,  for  what  he  wishes  to 
be  taken  by  you,  and  he  will  surely  be  your  friend. 

An  hour  of  reflection  is  better  than  a  year  of  repentance. 

Be  cautious  of  raising  expectations,  for  the  expected  seldom 
answers  expectation. 

Do  not  rely  too  much  on  the  goodness  of  mankind,  for  con- 
fidence in  mankind  is  a  tender  plant  so  seldom  cherished  by  the 
milk  of  human  kindness,  that  at  length  it  perishes. 

Declare  always  what  you  feel,  and  you  will  never  feel  what  you 
ought  not  to. 

Converse  on  general  topics  with  all. 

Confide  in  others  too  little  rather  than  too  much."  * 

In  the  same  Common-place  book  is  the  following  entry : 

"When  I  first  began  to  study  history,  I  made  the  following 
table,  which  I  will  preserve  as  matter  of  curiosity : 


Gomer. 

Celts. 

Magog. 

'  Scythians. 
Samaritans. 

•g 

P< 

Meshec. 

Tartars. 

-a 

g 

Tubal. 

Moguls. 

1 

F§ 

Madai. 

'  Medes. 
lonians. 

Javan. 

Greeks. 

Tiras. 

Thracians. 

Cuish. 

Babylonia. 

'  Egypt. 

1 

1 

Mizraim. 

Ethiopia. 
Cyrenaica. 

w 

< 

Phut. 

Lybia. 

Nubia. 

Canaan. 

Phoenicia. 
Judea. 

Elam. 

Persia. 

Ashur. 

Assyria. 

3 

.2 

Arphaxad. 

Chaldaea. 

1 

% 

Lud. 
Aram. 

Lydia. 
Syria. 
Mesopotamia." 

*  I  must  have  read  Shakespeare  pretty  early  in  my  college  course,  for 
the  first  and  third  of  these  rales  are  clearly  taken  from  Polonius'  advice 
to  his  son  Laertes,  in  Harnlet. 


AND  COLLATERAL  REMINISCENCES.  19 

I  commenced  as  early  as  my  Sophomore  year  to  put  a  great 
deal  on  paper,  which  I  gathered  from  books,  and  continued  to 
do  so  while  at  college,  and  also  after  leaving  it.  But  of  this, 
and  my  reason  for  it,  I  shall  speak  hereafter. 

Having  in  the  early  part  of  my  Sophomore  year  read  Dr. 
Franklin's  experiments  in  regard  to  sleep,  and  his  conclusion 
that  six  hours  was  sufficient  for  a  person  of  ordinary  health 
and  constitution,  who  pursued  a  studious  and  sedentary  life, 
I  determined  to  adopt  that  as  my  allotted  portion  of  time  for 
sleep.  To  accomplish  it  and  fix  the  habit  upon  me,  I  resolved 
not  to  go  to  bed  till  such  time  as  the  college-bell  in  the  morn- 
ing would  wake  me  at  the  end  of  six  hours.  This  resolution 
was  perseveringly  carried  out,  and  the  habit  of  sleeping  that 
length  of  time  so  thoroughly  fastened  upon  me,  that  it  has 
continued  through  life,  and  even  now  (1865)  I  wake  regularly 
at  the  end  of  six  hours  of  sleep. 

On  the  invitation  of  a  committee  of  arrangements,  I  wrote 
and  delivered  an  oration  on  the  4th  of  July,  1810,  in  the  Re- 
formed Dutch  Church  of  Schenectady,  before  a  general  audi- 
ence ;  but  I  have  not  preserved  it. 

My  brother  resided  in  Albany,  in  1810,  and  while  at  home 
in  the  summer-vacation  of  that  year,  the  house  of  his  neigh- 
bor, client,  and  friend,  Mr.  William  Fowler,  was  burned  at 
night.  His  eldest  daughter,  Mariam,  then  a  Miss  of  thirteen, 
haji  a  narrow  escape  from  the  flames.  '  On  the  invitation  of 
my  brother,  who  was  always  ready  to  do  an  act  of  kindness, 
she  was  taken  barefooted  to  his  house,  where  she  remained 
several  days.  Her  piano  was  also  brought  there  for  safe-keep- 
ing. She  had  a  good  voice  and  a  fine  taste  for  music,  and 
thus  early,  sang  and  played  very  well.  I  was  also  fond  of 
music,  and  a  good  deal  of  my  time  was  spent  in  listening  to 
her.  We  thus  became  acquainted,  and  a  mutual  attachment 
commenced,  which  increased  with  our  years,  and  resulted  in  our 
marriage,  eight  years  afterwards,  as  I  shall  hereafter  "roention. 

My  brother  John  died  in  1806,  aiid  my  father  in  1809. 
After  my  father's  death,  the  balance  of  the  old  farm  was  sold 
to  my  brother-in-law,  Scovill.  An  annuity  was  secured  to  my 


20  AUTOBIOGRAPHY 

mother,  which,  though  small,  was  adequate  to  her  wants,  and 
she  came  to  this  state  to  live  with  her  daughters,  three  of 
whom  were  well  and  happily  settled  here — one  in  Saratoga 
County,  and  two  in  St.  Lawrence.  From  the  remnant  of  the 
old  farm,  when  my  brother-in-law  paid  for  it,  I  was  entitled  to 
some  four  or  five  hundred  dollars  as  my  share  ;  but  this  was 
not  realized  till  some  years  afterwards,  nor  until  considerable 
time  after  my  brother  Ebenezer's  death. 

For  some  reason,  which  I  did  not  then  understand,  my 
brother  seemed  unable  to  pay  my  college  bill  for  the  last  term 
of  my  Junior  year,  and  near  the  close  of  the  first  term  of 
my  Senior  year,  which  was  in  December,  1810  ;  he  pro- 
posed my  leaving  college  and  commencing  the  study  of  law, 
stating  that  I  had  then  pursued  classical  studies  four  years, 
which  was  all  the  time  that  could  be  allowed  me  for  such 
studies  out  of  the  seven  years  of  clerkship,  which  the  rules  of 
the  Supreme  Court  then  required  before  a  candidate  for  the 
bar  could  be  admitted  to  an  examination.  A  suggestion  from 
him  was  law  to  me  ;  a  ready  assent  was  yielded,  and  more 
than  that,  I  rejoiced  at  the  prospect  of  relieving  him  earlier 
from  the  burthen  of  supporting  me,  which  was  always  an  un- 
happy thought  to  me  ;  though  I  kept  from  the  first,  with  his 
knowledge  and  approval,  an  accurate  account  of  his  expen- 
ditures for  me,  resolving  most  firmly,  if  ever  able,  to  repay 
him.  He  arranged  for  me  to  go  to  Milton,  in  Saratoga  Coun- 
ty, and  enter  the  office  of  James  Thompson,  a  prominent  law- 
yer of  that  county,  and  a  friend  of  his.  He  did  not  pay  my 
college  bill  for  that  term,  nor  furnish  me  money  to  go  to  Mr. 
Thompson's,  some  thirty  miles  distant.  He  no  doubt  thought 
the  furniture  I  had  would  sell  for  enough  for  that  purpose, 
but  it  would  not.  Dr.  Nott,  good  Dr.  Nott,  asked  me  if  I 
had  any  money  for  my  expenses,  and  when  I  told  him  I  had 
not,  he  handed  me  ten  dollars,  saying,  I  might  repay  it  when 
I  was  able.  These  two  college  bills  were  not  paid,  nor  these 
ten  dollars  repaid,  till  some  years  afterwards,  when,  having 
earned  the  money  in  my  profession,  I  paid  them. 

Here  it  seems  proper  I  should  state  a  fact,  subsequently  as- 


AND  COLLATERAL  REMINISCENCES.  21 

certained,  to  which  I  did  not  allude  in  the  biographical  notice 
of  my  brother  heretofore  mentioned,  but  which  has  so  material 
a  bearing  on  my  own  life,  that  a  true  account  of  it  cannot  be 
given,  if  that  fact  is  suppressed.  Besides,  accounting  for  my 
kind  brother's  inability  to  supply  my  pressing  wants,  it  will 
give  an  impressive  warning  to  my  sons  and  grandsons.  That  fact 
is,  that  my  kind,  warm-hearted,  generous  and  talented  brother 
was  addicted  to  gambling  with  cards.  It  was  the  great  vice  of 
the  period,  in  which  he  lived  and  flourished.  His  professional 
brethren,  gentlemen  of  education  and  high  social  position, 
with  few  exceptions,  practiced  it.  My  brother  did  not  gamble 
for  gain,  but  for  the  pleasurable  excitement  which  it  produced. 
The  consequence  was,  that  with  his  open,  liberal,  generous 
nature,  he  was  usually  a  loser,  and  thus  it  was,  that  with  a 
large,  successful,  and  lucrative  practice  in  his  profession,  he 
was  always  in  debt,  and  always  in  want  of  money  to  meet  his 
pecuniary  obligations  ;  his  debts  of  honor,  as  they  were  called, 
always  having  preference  in  payment,  over  those  incurred  in 
the  ordinary  transactions  of  life. 

I  entered  Mr.  Thompson's  office  as  a  clerk  early  in  Decem- 
ber, and  remained  there  nine  months,  viz.,  till  September, 
1811,  when  I  went  to  Albany  and  entered  my  brother's  office. 
While  in  Mr.  Thompson's  office,  I  read  law  vigorously. 
Blackstone's  Commentaries  was  then  the  great  elementary 
book  of  the  law ;  indeed,  the  only  comprehensive  one,  which 
was  readable.  My  first  step  was  to  read  it  carefully  through 
in  course,  and  copy  largely  from  it,  as  was  then  my  practice. 
It  soon  appeared  obvious  to  me,  that  Judge  Blackstone  had 
treated  elaborately  a  large  number  of  subjects,  which  were  in- 
applicable to  our  country,  and  that  some  other  mode  of  study 
must  be  adopted,  beside  reading  his  Commentaries,  to  obtain 
a  knowledge  of  the  laws  of  this  state.  After  finishing  the 
reading  of  his  four  volumes,  thinking  the  matter  over  and 
over  many  times,  and  talking  with  Mr.  Thompson  about  it, 
I  hit  upon  the  plan  of  studying  law  by  subjects,  which  I 
at  once  adopted,  and  went  over  Blackstone  again,  taking  up 
in  order  subject  after  subject,  which  formed  a  part  of  the 


22  AUTOBIOGRAPHY 

common  law  of  this  state.  My  usual  course  was  to  read 
first  what  Blackstone  had  written  on  the  subject,  then  ex- 
amine the  Revised  Statutes  of  this  state,  and  learn  what 
they  contained,  if  anything,  upon  it ;  then  read  what  could 
be  found  about  it  in  such  other  books  as  Mr.  Thompson  had 
in  his  library ;  and  thus  gather,  from  every  source  within 
my  reach,  a  knowledge  of  the  principles  of  the  subject  in- 
vestigated, and  the  remedies  for  the  violation  of  rights  rest- 
ing upon  them.  This  mode  of  study  proved  to  be  excellent, 
and  I  made  rapid  progress  in  acquiring  a  knowledge  of  the 
law.  I  have  followed  it  through  life,  and  have  always  re- 
commended it  to  the  students  in  my  office. 

My  whole  time  in  Mr.  Thompson's  office  was  not  devoted 
to  the  study  of  law.  Some  portion  of  it  was  occupied  in  gen- 
eral reading.  Among  the  books  I  read  while  there  were  Ros- 
coe's  Lives  of  Lorenzo  de  Medici  and  Leo  X,  and  of  them  I 
made  full  abstracts. 

On  the  14th  of  June,  1823,  I  commenced  a  regular  Diary, 
of  which  an  account  will  be  given  when  that  year  of  my  life 
is  reached  in  this  biography.  In  that  diary,  under  date  of  the 
19th  of  June,  1823,  is  the  following  statement,  which  I  insert 
in  this  connection  to  show  the  views  and  thoughts  I  entertained 
when  reading  these  works  of  Mr.  Roscoe  : 

"  I  am  daily  reviewing  what  I  have  heretofore  written  or  ex- 
tracted from  books.  Before  I  began  business,  I  used  to  put  con- 
siderable on  paper,  which  I  gathered  from  books.  Since  that,  I 
have  not  had  time  to  do  it,  or  write  anything  else  of  consequence, 
till  May,  1822,  when  I  formed  a  partnership  with  Edwards.  One 
principal  inducement  to  put  so  much  on  paper  in  early  life,  col- 
lected from  books,  was  a  fear  that  the  books  would  not  be  met 
with  again.  I  had  not  then  the  least  expectation  of  ever  being 
able  to  buy  a  library.  Having  almost  discontinued  this  practice 
for  ten  years,  during  which  time  my  knowledge  has  been,  compar- 
atively, vastly  increased,  I  find  now,  when  I  take  up  these  juvenile 
labors  and  consider  them,  that  a  great  deal  of  my  time  was  un- 
profitably  spent,  and  a  great  proportion  of  the  matter  collected  not 
worth  preserving.  While  reading  law  with  James  Thompson,  Es- 


AND  COLLATERAL  REMINISCENCES.  23 

quire,  in  Milton  .(which  I  did  from  December,  1810,  to  September, 
1811),  I  made  a  full  abstract  of  the  whole  of  the  Lives  of  Lorenzo 
de  Medici  and  Leo  X,  by  Eoscoe.  This,  together  with  more  like 
it,  I  intend  to  destroy,  as  I  can  at  any  time  have  access  to  the 
books  from  whence  it  was  taken,  and  am  now  able  to  select  from 
them  with  more  judgment." 

The  few  articles  of  clothing  which  I  needed  while  at  Mr. 
Thompson's  were  furnished  by  him  out  of  some  money  he  col- 
lected for  my  brother.  As  to  pocket-money,  I  expected  none, 
and  of  course  had  none.  The  only  recreation,  if  recreation  it 
may  be  called,  which  I  recollect  to  have  indulged  in  during 
my  nine  months  at  Milton,  was  attending  for  three  days  and 
two  nights  a  Methodist  camp-meeting  held  some  five  or  six 
miles  from  Mr.  Thompson's.  I  walked  there  and  back,  and 
took  my  food  with  me.  My  object  was  to  observe  and  learn 
the  causes  of  the  alleged  numerous  conversions  at  those  meet- 
ings, and  the  manner  of  conducting  them.  My  object  was 
fully  accomplished.  The  whole  scene  is  still  (1865)  distinctly 
before  me,  and  I  could  fill  a  small  volume  with  a  description 
of  it.  But  "  cui  bono."  Besides,  it  would  be  out  of  place  in 
this  biography.  > 

One  instance  of  real  kindness  to  me  at  Milton  I  must  men- 
tion. While  there  I  lodged  and  boarded  with  a  farmer  by  the 
name  of  Dibble,  who  lived  about  one  hundred  rods  from  Mr. 
Thompsons  office.  He  and  his  wife  were  kind,  excellent 
people,  in  moderate  circumstances.  When  the  time  came  for 
me  to  leave  for  Albany,  there  was  no  money  to  pay  for  my 
board,  washing,  and  lodging.  All  I  could  say  to  them  was, 
that  if  my  life  was  spared,  they  should  be  paid.  They  told 
me  to  give  myself  no  uneasiness  on  that  score  ;  that  they  had 
taken  pleasure  in  having  me  in  their  family,  and  if  they  were 
never  paid,  they  should  not  regret  haying  helped  me  to  get 
my  profession.  Nearly  two  years  afterwards,  and  some  months 
after  I  had  been  admitted  to  the  bar,  they  happened  ^to  pass 
through  Albany,  and  called  at  my  brother's  door  in  their 
wagon,  and  asked  to  see  me.  Among  the  first  things^  they 
said  was,  that  they  had  not  come  to  dun  me,  and  fearing  I 


24  AUTOBIOGRAPHY 

might  think  so,  they  had  determined  not  to  call,  and  had 
driven  through  the  city  on  their  way  home,  but  could  not  bear 
the  thought  of  having  been  so  near  me,  and  yet  not  see  me, 
and  had  turned  back  for  that  purpose.  The  interview  was 
pleasant,  and  I  had  the  satisfaction  to  tell  them  that  I  was 
admitted  to  the  bar,  was  earning  money,  and  should  be  able 
to  pay  them  in  a  few  months,  which  I  did. 

The  summer  of  1811  ought  not  to  be  passed  without  men- 
tioning that  my  Alma  Mater  did  not  forget  me  at  the  com- 
mencement in  July  of  that  year.  A  diploma  was  awarded 
me  and  an  oration  in  the  public  exercises  of  my  class.  But  in 
consequence  of  leaving  before  my  collegiate  course  was  com- 
pleted, I  was  not  entitled  to,  and  could  not  rightfully  receive, 
the  position  as  to  honors  to  which  my  scholarship  would  other- 
wise have  entitled  me.  For  this  reason,  and  the  further  and 
controlling  one,  that  I  had  neither  suitable  clothes  nor  money 
to  buy  them,  or  even  to  pay  my  expenses  and  the  fee  for  my 
diploma,  I  did  not  attend  the  commencement. 

When  I  commenced  my  clerkship  in  my  brother's  office  in 
Albany,  in  September,  1811,  he  had  a  junior  partner,  Mr. 
Samuel  North.  His  health,  however,  was  not  good,  and  he 
became  so  ill  that  in  February  following  (1812)  he  was  obliged 
to  withdraw  from  the  duties  of  his  profession.  His  illness  cast 
upon  me  the  charge  of  the  business  of  the  office.  While  this 
demanded  a  large  portion  of  my  time,  and  prevented  me  from 
pursuing  as  systematically  and  constantly  as  I  desired  my 
professional  studies,  it  yet  obliged  me  to  acquire  a  knowledge 
of  the  practice  of  my  profession,  and,  moreover,  gave  me  a 
practical  knowledge  of  the  principles  of  law,  to  the  extent 
they  were  covered  and  applied  in  the  various  suits  and  pro- 
ceedings conducted  in  the  office.  This,  too,  was  a  broad 
field  ;  for  my  brother's  business  embraced  almost  every  branch 
of  the  profession. 

While  reading  law  in  Mr.  Thompson's  office,  whenever  I 
had  occasion  to  look  at  a  case  in  any  of  the  few  English  re- 
ports which  he  had,  I  was  often  confused  in  regard  to  the 
time  when  the  reports  in  which  the  case  was  found  com- 


AND  COLLATERAL  REMINISCENCES.  25 

menced,  and  when  terminated ;  in  what  reign  or  reigns  the 
decisions  reported  were  made ;  who  were  the  Chancellors, 
Chief  Barons  of  the  Exchequer,  the  Chief  Justices  of  the 
King's  Bench  and  of  the  Common  Pleas  ;  and  what  reports, 
if  any,  were  contemporaneous  or  consecutive  ;  and  when  pros- 
ecuting my  studies  in  Albany,  where  I  had  access  to  a 
large  library,  my  confusion,  in  the  particulars  mentioned, 
was  greatly  increased.  This  induced  me  to  undertake  a 
work,  which  I  prosecuted  and  completed  during  my  clerk- 
ship in  Albany.  It  was  a  chart  which  showed  the  time  each 
English  report  commenced  and  terminated,  the  beginning 
and  end  of  each  reign,  and  the  time  of  the  appointment  of 
every  Chancellor,  Chief  Baron,  Chief  Justice  of  the  King's 
Bench  and  of  the  Common  Pleas,  from  the  commencement 
of  the  oldest  report  down  to  the  year  1812,  when  the  map 
was  completed.  These  were  all  so  arranged  as  to  be  easily 
seen  in  their  connection  on  barely  looking  at  the  map.  The 
chart  also  contained  the  like  information  in  respect  to  the 
United  States,  and  the  several  states  in  which  at  that  time 
reports  of  judicial  decisions  were  published. 

The  chart  was  intended  for  my  own  use  only,-but  my 
brother  encouraged  me  to  publish  it.  For  that  purpose  it 
was  handsomely  engraved,  and  one  thousand  copies  struck  off. 
A  sufficient  number  of  them  was  sold  to  pay  the  expense  of 
publication  and  yield  me  about  $250,  which  was  the  first 
money  I  ever  earned. 

At  the  close  of  the  year  1812,  seven  years  had  passed  since  I 
first  entered  my  brother's  office.  Of  those  seven  years,  however, 
three  had  not  been  devoted  to  the  study  of  law  as  the  rules  of 
court  required.  But  my  brother  made  a  special  application 
to  the  court,  and  obtained  an  allowance  of  the  time  spent,  or 
speaking  more  truly,  misspent,  in  his  office,  before  I  went  to 
Schenectady  ;  and  the  court  admitted  me  to  an  examination 
as  a  candidate  for  an  attorneyship  at  the  January  term  in 
1813.  There  was  a  class  of  seventeen  candidates  at  that  term. 
We  were  examined  by  three  gentlemen  of  the  bar  in  the  pres- 
ence of  Chancellor  Kent,  then  Chief  Justice  of  that  court, 


26  AUTOBIOGRAPHY 

who  presided  at  the  examination.  After  the  first  round  of  in- 
terrogatories to  the  class,  the  Chief  Justice  announced  that  he 
was  satisfied  with  the  answers  of  Samuel  A.  Talcott,  Peter 
Brooks,  Jr.,  and  myself,  and  we  were  examined  no  further. 
My  license  is  signed  "  James  Kent,"  and  dated  13th  January, 
1813. 

Mr.  North's  recovery  heing  hopeless,  I  entered  into  part- 
nership with  my  brother  as  soon  as  admitted.  He  allowed 
me  to  divide  equally  with  him  all  earnings  except  counsel  fees, 
which  he  reserved  to  himself.  The  business  was  done  in  my 
name  as  attorney.  Mr.  North  died  shortly  after  our  partner- 
ship was  formed,  and  I  was  substituted  as  attorney  in  his 
place  in  all  the  suits  then  pending.  The  terms  of  this  part- 
nership were  very  liberal  on  the  part  of  my  brother,  and  put 
me  at  once  into  the  receipt  of  a  large  income  for  a  young  at- 
torney in  the  first  year  of  his  practice. 

Within  a  few  months  after  our  partnership  commenced,  I 
learned  the  cause  of  my  brother's  pecuniary  embarrassments, 
and  was  distressed  to  find,  that  he  was  deeply  in  debt,  and 
owed  a  considerable  amount  more  than  he  had  means  to  pay. 
His  creditors,  discovering  that  I  was  industrious,  studious, 
and  no  spendthrift,  often  pressed  my  brother,  as  a  condition 
of  further  leniency,  to  obtain  my  indorsement  of  his  notes, — 
more  probably,  however,  to  insure  his  attention  to  their  pay- 
ment, than  to  obtain  further  security.  In  this  way,  in  less 
than  a  year,  I  became  responsible  as  indorser  for  him  to  over 
fifteen  hundred  dollars.  After  paying  my  college  bills,  return- 
ing the  money  to  Dr.  Nott,  and  paying  Mr.  Dibble,  I  applied 
all  the  money  I  received,  not  needed  for  necessary  current  ex- 
penses, to  reducing  the  amount  my  brother  had  advanced  for 
my  education. 

Early  in  the  year  1814  it  became  manifest  to  me  that,  if 
my  brother  continued  to  gamble,  no  exertions  which  I  could 
make,  would  save  him  and  me  from  constant  pecuniary  em- 
barrassment and  ultimate  poverty,  unless,  to  save  myself,  I 
should  turn  a  cold  shoulder  to  him,  and  be  as  close  and  selfish 
as  he  was  open  and  generous.  This  I  could  not  do  ;  for  when 


AND  COLLATERAL  REMINISCENCES.  27 

he  wanted  money,  I  could  not  hold  back,  if  in  my  power  to 
supply  him  or  aid  him  in  obtaining  it.  The  thought  often 
occurred  to  me  to  leave  Albany  and  go  to  some  distant  county 
and  work  my  own  way  in  life  ;  but  as  often  as  it  occurred,  it  was 
dismissed  with  the  reflection,  that  it  was  my  duty  to  stay 
with  my  brother,  and  do  what  I  could  for  him  and  his  family. 
He  had  a  wife  and  daughter.  I  tried  several  times  to  engage 
him  in  a  course  of  reading  with  me,  and  studied  the  game  of 
chess,  which  he  had  taught  me,  so  as  to  render  the  game  pleas- 
ant to  him,  and  thus  occupy  his  evenings  and  leisure  hours. 
But  the  fascination  of  the  gaming  table  overcame  all  my  ef- 
forts and  those  of  his  excellent  wife.  At  length,  after  many 
anxious  hours,  yes,  I  may  say,  days  of  anxious  thought,  as  to 
what  course  duty  and  sincere  affection  for  this  kind  brother  ought 
to  lead  me  to  adopt  to  save  him  and  myself  also,  I  resolved 
on  the  harsh  and  rash  measure  of  driving,  if  possible,  his 
gambling  associates  from  him,  and  breaking  up  their  haunts  ; 
for  by  this  time  I  had  found  out  who  those  associates  were, 
and  their  places  of  resort. 

Fully  aware  that  my  action,  under  this  resolution,  would 
probably  give  my  brother  deep  offence,  and  might  separate  us 
forever,  still,  I  saw  no  other  way  of  saving  him  and  myself 
from  certain  ruin. 

One  of  his  favorite  associates  resided  in  New  York,  and 
whenever  he  came  to  Albany,  there  was  a  sitting  of  several 
days  and  nights.  I  determined  to  begin  with  this  gentleman, 
when  he  next  came  to  Albany.  In  a  few  weeks  he  came,  and 
one  morning  called  at  our  office.  After  a  short  call  he  left, 
and  my  brother  went  with  him. 

I  addressed  a  note  to  this  gentleman,  and  told  him  I  had 
determined  to  take  certain  measures,  which  I  indicated,  against 
my  brother's  gambling  associates,  and  that  I  should  begin  with 
him,  if  he  again  gambled  with  my  brother.  This  note  I  left 
where  I  knew  he  would  get  it. 

My  brother  did  not  come  home  to  dinner.  In  the  after- 
noon he  came  into  the  office  with  an  excited  and  flushed  coun- 
tenance— came  up  to  my  desk  where  I  was  writing — had  my 


28  AUTOBIOGRAPHY 

note  in  his  hand,  and  said,  "  What  do  you  mean,  by  writing 
such  a  note  to  my  friend  S.?"  I  expected  and  was  prepared 
for  this  interview,  and  answered  calmly,  but  decidedly,  "  Just 
what  I  have  written."  He  then  said,  "  Do  you  intend  to  pur- 
sue my  friends  in  that  way  ?"  I  answered,  "  Not  your  friends, 
but  your  enemies."  My  brother  appeared  astonished — stood 
a  moment — looked  intently  at  me — saw  I  was  calm,  and  ap- 
parently fixed  in  my  purpose,  and  then  left  the  office  without 
another  word.  He  came  home  again  shortly  after  tea, 
spent  the  evening  with  his  family,  and  retired  early.  The  sit- 
ting did  not  come  off,  and  the  gentleman  from  New  York 
went  back  early  the  next  morning,  as  I  afterwards  learned. 

The  next  day  my  brother  was  unexpectedly  called  into  an 
adjoining  county  to  attend  to  some  professional  business,  and 
was  absent  several  days.  On  his  return,  he  renewed  my  for- 
mer proposal  to  commence  a,  course  of  professional  and  mis- 
cellaneous reading  together.  This  was  cordially  and  joyfully  ac- 
cepted by  me,  and  from  that  time  onward  till  his  death,  which 
occurred  in  July  following,  he  spent  his  evenings  and  leisure 
hours  in  this  way  and  in  playing  chess  with  me.  I  do  not 
think  he  ever  after  played  a  game  of  cards  for  money  ;  and 
had  his  life  been  spared,  I  cannot  doubt,  it  would  have  been 
crowned  with  competent  wealth  and  high  professional  and 
political  distinction.  His  death,  which  was  most  unexpected, 
left  his  widow  and  child  destitute,  and  me  overwhelmed  with 
debt. 

There  was  a  balance  of  eight  hundred  dollars  and  upwards 
due  from  me  to  my  brother's  estate  for  his  advances  for  my 
education  ;  my  liability  as  indorser  of  his  notes  exceeded  fifteen 
hundred  dollars  ;  and  there  was  still  another  large  liability, 
amounting  to  twelve  hundred  and  eight  T5^  dollars,  to  which 
I  had  become  subject,  without  any  fault  of  mine,  and  without 
the  intended  fault  of  any  one,  and  which  was  of  such  a  char- 
acter, and  was  pushed  with  such  rigor  against  me,  as  to  drive 
me  to  jail  for  thirteen  days  in  the  month  of  August  succeed- 
ing my  brother's  death.  He  died  on  the  21st  of  July,  and  on 
the  13th  of  August  I  was  committed  to  prison  for  the  non- 


AND  COLLATERAL  REMINISCENCES.  29 

payment  of  this  sum.  This  money  had  been  won  of  my 
brother  by  four  wealthy  gentlemen  of  Albany,  on  the  election 
for  governor  of  this  state,  in  April,  1813.  He,  with  a  number 
of  other  gentlemen  of  Albany,  who  had  bet  on  that  election, 
thought  it  had  been  earned  against  them  by  fraud,  and  sued 
the  stake-holder  to  recover  back  their  money  deposited  with 
him.  The  suits  were  conducted  by  my  brother,  but  in  my 
name,  as  attorney.  The  Supreme  Court  decided  against  the 
stake-holder,  executions  were  issued,  the  money  collected  by 
the  sheriff,  paid  to  me  as  attorney,  and  by  me  immediately 
handed  over  to  the  plaintiffs  in  the  suits,  of  whom  my  brother 
was  one.  On  an  application  to  the  court,  the  executions  were 
held  to  be  irregular,  on  the  ground  of  an  agreement  between 
counsel  on  the  trial,  of  which  I  was  not  aware,  and  which  my 
brother  had  overlooked.  In  my  affidavit  to  oppose  this  appli- 
cation, I  stated  that  I  had  paid  the  money  to  the  several 
plaintiffs  in  the  suits  immediately  after  receiving  it  from  the 
sheriff.  My  brother,  not  wishing  to  trouble  our  clients  with 
a  rule  of  court  against  them,  and  believing  that  the  judgment 
of  the  Supreme  Court  would  be  affirmed  by  the  Court  for  the 
Correction  of  Errors,  to  which  the  cause  had  been  earned,  did 
not  read  that  statement  in  my  affidavit,  and  allowed  an  order 
of  the  court  to  be  made  directing  me  to  repay  to  the  stake- 
holder the  amount  collected  from  him  in  all  the  suits,  which 
was  $5,281.34.  The  Court  for  the  Correction  of  Errors,  in- 
stead of  affirming  the  judgment  of  the  Supreme  Court,  reversed 
it.  The  gentlemen  who  had  won  the  money  having  learned 
that  I  had  paid  it  over,  immediately  after  receiving  it,  to  the 
plaintiffs,  obtained  an  order  of  the  court  at  the  May  term,  in 
1814,  directing  the  plaintiffs  to  pay  it  back.  My  brother, 
being  one  of  them,  was  ordered  to  pay  back  the  amount  col- 
lected and  received  by  him  in  his  suit.  All  the  plaintiffs  com- 
plied with  this  order  and  paid  back  their  respective  amounts, 
except  my  brother,  and  he  undoubtedly  would,  had  he  lived. 
As  it  was  known  that  he  died  insolvent,  the  winners  of  this 
bet  of  him,  which  was  $950  (the  excess  above  that  being  in- 


30  AUTOBIOGRAPHY 

terest  and  costs),  at  first  talked  of  taking  their  share  of  my 
brother's  estate  and  giving  it  to  his  widow  and  daughter — 
then  of  waiving  ;  and  three  of  them  did  once  actually  agree 
to  waive  the  order  made  against  me  as  attorney  to  pay  back 
the  money,  on  my  paying  the  costs  in  my  brother's  suit  and 
the  interest  on  the  money  bet ;  but  finally  their  love  of  money 
prevailed,  and  they  imprisoned  me.  This  excited  great  indig- 
nation in  the  community.  Two  of  the  winners  of  the  money 
were  insulted  by  citizens  in  the  street,  and  left  the  city  for 
fear  of  personal  violence.  Two  gentlemen,  friends  of  my 
brother,  offered  to  lend  me  the  money  and  save  me  from 
prison,  but  I  did  not  wish  to  incur  a  debt  so  sacred  as  a  loan, 
and  which  must  be  afterwards  paid  ;  besides,  I  thought  that 
the  gentlemen  winners  could  not  stand  the  pressure  which 
would  be  made  upon  them  to  release  me,  nor  do  I  think  they 
could,  had  they  remained  in  Albany. 

Jacob  Mancius,  a  gentlemanly  and  kind-hearted  man,  was 
then  sheriff  of  Albany.  He  did  not  turn  a  key  upon  me,  but 
took  my  word  of  honor  that  I  would  not  leave  the  building. 
The  commitment  was  for  disobedience  of  an  order  of  the  court, 
which  was  not  bailable,  nor  entitle  me  to  the  limits  of  the 
prison,  as  an  ordinary  debtor.  The  jailor,  Mr.  Steel,  by  direc- 
tion of  the  sheriff,  gave  me  a  large  airy  room  on  the  first  floor 
of  the  building,  comfortably  furnished.  The  jail  proper  con- 
sisted of  the  stories  above  the  first  floor.  I  boarded  with  Mr. 
Steel  and  his  family,  who  occupied  apartments  on  the  same 
floor  with  me.  My  room  was,  in  truth,  Mr.  Steel's  parlor. 
My  law  register  was  brought  to  me  from  my  office,  and  such 
papers  as  I  needed  in  my  profession.  A  constant  stream  of 
friends  and  clients  visited  me,  and  I  commenced  more  suits 
and  earned  more  money  during  the  thirteen  days  I  was  in  jail, 
than  I  have  ever  since,  as  an  attorney,  during  the  same  length 
of  time.  After  awhile  I  grew  weary  of  my  confinement,  and 
felt  the  want  of  exercise.  On  the  22d  of  August  I  addressed 
to  the  gentlemen  who  were  holding  me  in  prison  the  following 
letter : 


AND  COLLATERAL  REMINISCENCES.  31 

"To  MESSRS.  A.  B.,  C.  D.,  E.  R,  AND  G.  H. 

"  GENTLEMEN  :  This  is  the  tenth  day  I  have  been  in  prison  at 
your  suit.  You  are  well  acquainted  with  my  situation,  and  that 
of  my  deceased  brother's  family ;  also  with  the  nature  of  the  claim 
you  have  against  me.  It  is,  consequently,  unnecessary  for  me  to 
remark  upon  them.  I  now  make  you  the  best  offer  it  is  in  my 
power  to  perform ;  and  I  make  the  best  first,  because  I  have  no 
wish  to  banter  or  trifle  with  you.  This  offer  is  no  more  than  the 
same  terms  on  which  we  agreed  to  settle  previous  to  my  imprison- 
ment. I  then  went  as  far  as  my  ability  to  perform  extended.  I 
now  go  the  same  length.  At  that  time  I  had  not  money  to  pay 
the  sum  required,  nor  have  I  now ;  yet  I  believe  sympathy  for  my 
misfortunes  will  induce  some  friend  to  loan  me  the  sum  required. 
Those  terms  were  the  payment  of  the  costs  (which  have  since  in- 
creased) and  interest,  leaving  due  only  $950,  the  sum  originally 
deposited  by  my  brother.  It  is  utterly  impossible  for  me  to  pay 
the  whole  sum,  and  it  will  embarrass  me  greatly  to  comply  with 
my  present  offer.  Were  there  not  a  destitute  widow  and  daughter, 
who  looked  to  me  for  support,  it  would  be  somewhat  different. 
You  know,  gentlemen,  my  brother's  estate  is  insolvent ;  that  his 
family  rely  on  me  solely  for  protection  and  maintenance,  and  that 
every  cent  of  money  I  pay  his  creditors  is  a  loss  to  me/  I  wish  a 
direct  answer  to  this  proposition,  as  I  am  desirous  of  knowing 
whether  or  not  it  is  your  intention  to  doom  me  to  perpetual  im- 
prisonment, and  my  deceased  brother's  family  to  similar  distress. 
"I  am  your  obedient  servant, 

"SAM'L  A.  FOOT. 

AUGUST  22,  1814 

To  this  letter  I  received  no  answer,  and  the  gentlemen 
who  had  left  the  city  still  remained  away,  and  my  friends 
learned  that  they  did  not  intend  to  return  till  autumn.  On 
ascertaining  this,  my  friends  determined  to  raise  the  money 
by  subscription,  several  of  them  thinking  that  the  winners 
would  be  ashamed  to  receive  what  had  been  given  by  benevo- 
lent friends,  to  relieve  an  industrious,  deserving  young  man 
from  a  cruel  imprisonment.  The  money  was  promptly  raised 
and  paid  to  the  sheriff.  He  and  a  number  of  my  friends  ac- 


32  AUTOBIOGRAPHY 

companied  me  from  the  jail  to  my  office.  The  winners  took 
the  money. 

Nearly  every  gentleman  who  subscribed  became  my  client. 
I  paid  back  the  whole  subscription,  either  in  professional  ser- 
vices or  money — nearly  all,  however,  in  services.  One  gentle- 
man, however,  James  Kane,  who  subscribed  fifty  dollars, 
would  receive  no  return.  He  said  it  was  a  gift  for  a  good 
object,  and  he  would  not  consent  to  change  it  to  a  business 
transaction. 

I  have  not  mentioned  the  names  of  the  gentlemen  who 
were  so  cruelly  selfish  in  their  treatment  of  me.  They  are 
all  now  in  their  graves.  One  died  poor,  another  one  rich, 
but  despised  ;  the  other  two,  a  few  years  afterwards,  became 
my  clients,  and  paid  me  for  professional  services  more  than 
double  the  amount  they  and  their  associates  obtained  by  im- 
prisoning me. 

My  children,  I  hope,  will  not  fail  to  observe,  that  the  real 
and  primary  cause  of  this  imprisonment,  was  the  waste  of  pro- 
fessional earnings  at  the  gaming  table. 

I  did  not  suffer  in  the  estimation  of  any  one  by  this  im- 
prisonment. Even  the  Judges,  who  ordered  it,  and  at  the 
same  term,  gave  me  leave  to  act  as  a  counsellor-at-law,  in  all 
the  causes  in  which  I  was  attorney,  and  my  brother  counsel, 
although  I  was  not  entitled  to  admission,  as  a  counsellor-at- 
law,  till  January,  1816.  This  was  of  great  service  to  me,  as 
it  enabled  me  to  commence  trying  and  arguing  causes,  a  year 
and  a  half  before  I  should  otherwise  have  been  permitted  to  ; 
and  moreover,  enabled  me  to  retain  and  complete  all  the  suits 
at  common  law  pending  in  our  office  at  my  brother's  death. 
Chancellor  Kent  was  even  more  kind  to  me.  As  I  was  not  en- 
titled to  admission  as  a  solicitor  in  chancery  till  January,  1816, 
all  the  suits  in  equity  and  all  other  business  in  chancery  of  our 
firm  were  conducted  in  my  brother's  name  as  solicitor,  and 
at  his  death,  must  have  been  transferred  to  some  other  person. 
To  enable  me  to  retain  these  suits  and  this  business,  as  well 
as  to  commence  others,  Chancellor  Kent  examined  me  shortly 
after  I  was  relieved  from  prison,  and  finding  me  qualified  to 


AND  COLLATERAL  REMINISCENCES.  33 

practice  in  his  court,  admitted  me  as  a  solicitor  and  gave  me  a 
license  which  bears  date  the  7th  of  September,  1814.  He  also 
gave  me  leave  to  argue  as  counsel  all  causes  in  equity  in  which 
my  brother  was  solicitor  or  counsel  at  his  death. 

The  first  case  which  I  argued  in  the  Supreme  Court  was 
Danforth  vs.  The  Schoharie  Turnpike  Company,  decided  at 
the  May  Term  of  1815,  and  reported  in  12  John.  R.  227.°  In 
this  case  the  question  was  first  raised  in  this  state,  whether 
assumpsit  would  lie  against  a  corporation  on  an  implied  prom- 
ise. I  supported  the  affirmative  and  succeeded.  My  first  case 
in  the  Court  of  Chancery  was  Moore  vs.  Cable,  decided  in 
April,  1815,  and  reported  in  1  John.  Ch.  R.  385.  An  interest- 
ing question  arose  in  this  case  respecting  the  character  of  a 
possession  by  the  mortgagee,  which  shall  destroy  the  mort- 
gagor's right  of  redemption — my  client  succeeded. 

Steady  and  unremitting  attentions  to  my  profession  and 
strict  economy  in  my  expenses  enabled  me,  in  less  than  two 
years  after  my  brother's  death,  to  meet  and  satisfy  all  my 
pecuniary  obligations  and  have  a  surplus  of  nearly  one  thou- 
sand dollars. 

About  this  time  an  incident  occurred,  which  taught  me  a 
valuable  lesson,  and  which  I  will  relate  for  the  benefit  of  my 
sons.  One  of  my  clients,  Mr.  Nahum  Rice,  a  merchant  of 
Albany,  had  sold  to  a  gentleman  from  St.  Lawrence  County  a 
lot  of  whiskey  amounting  to  three  thousand  dollars,  and  was 
offered  in  payment  a  note  for  that  amount,  at  90  days,  signed 
by  one  and  indorsed  by  three  gentlemen  of  that  county.  Mr. 
Rice  called  at  my  office,  shewed  me  the  note,  asked  me  if  I 
knew  any  of  the  persons  whose  names  were  on  it,  and  stated 
that  he  wished  to  ascertain  their  responsibility.  My  brother- 
in-law,  Mr.  Joseph  York,  who  was  then  sheriff  of  that  county, 
happened  to  be  present,  and  I  referred  Mr.  Rice  to  him,  for 
the  information  he  desired.  Mr.  York  said  every  name  on  the 

*  In  giving  the  names  of  the  counsel,  who  argued  the  cause,  the  mid- 
dle letter  of  my  name  was  omitted.  The  reporter,  probably,  had  not 
yet  learned  my  name. 


34  AUTOBIOGRAPHY 

note  was  an  excellent  one,  and  that  no  better  note  could  be 
made  in  the  state.  The  note  was  payable  at  the  State  Bank 
in  Albany,  and  Mr.  Rice  asked  Mr.  York  for  what  he  would 
guarantee  the  payment  of  it  on  the  day  it  became  due.  Mr. 
York  answered  two  and  one  half  per  cent.  Mr.  Rice  said  he 
would  give  it,  but  he  must  have  a  city  name  on  it,  to  insure 
its  payment  on  that  day,  and  remarked,  "  Mr.  Foot  will  prob- 
ably have  no  objection  to  put  his  name  on  it  after  yours." 
Mr.  York,  without  directly  asking  me,  manifested  a  wish  that 
I  would,  as  it  would  enable  him  to  make  $75  quite  easily.  I 
assented.  He  then  indorsed  the  note  and  I  after  him.  Before 
the  ninety  days  came  round,  the  maker  of  the  note  and  the 
three  indorsers  before  Mr.  York  failed.  Mr.  York  was  able  to 
send  me  only  $1000  towards  payment  of  the  note  when  it  be- 
came due.  I  had  $1000  of  my  own,  and  about  $1200  in  my 
hands  which  I  had  collected  for  some  clients  in  Rhode  Island. 
I  wrote  to  them  for  leave  to  use  $1000  of  it  for  a  short  time, 
as  Mr.  York  engaged  to  send  another  $1000  in  a  few  weeks. 
The  note  was  protested  for  non-payment,  and  the  next  day  I 
paid  the  amount,  took  up  the  note,  and  saved  my  name  from 
being  dishonored  at  the  Bank.  I  commenced  suits  against 
the  maker  and  three  indorsers  and  obtained  judgments  the 
first  hour  the  law  would  allow,  and  against  the  maker,  who 
owned  a  large  real  estate,  just  one  day  before  he  confessed  a 
judgment  to  other  creditors,  which  would  have  swept  away  his 
whole  estate.  Those  creditors  were  obliged  to,  and  did  pay 
my  judgment.  From  that  time  forward,  I  have  never  in- 
dorsed a  note,  or  become  surety  for  any  one,  unless  in  some 
small  matter,  where  there  was  no  risk,  and  the  liability  so 
small,  as  to  subject  me  to  no  inconvenience. 

A  lawyer  ought  never  to  engage  in  any  business  operations 
outside  of  his  profession,  if  he  intends  to  succeed  in  that. 

In  January,  1816,  after  a  full  examination,  I  was  admitted 
a  counsellor-at-law  of  the  Supreme  Court  of  this  state.  My 
license  bears  date  the  eleventh  day  of  that  month.  In  No- 
vember following,  after  a  like  examination,  I  was  admitted  a 
«counsellor-at-law  of  the  Court  of  Chancery  of  this  state. 


AND  COLLATERAL  REMINISCENCES.  35 

My  license  in  that  court  bears  date  the  eighteenth  day  of 
November. 

I  pushed  the  settlement  of  my  brother's  estate  as  vigorously 
as  possible,  and  by  the  close  of  the  year  1815,  had  completed 
it,  or  at  least  so  nearly  so  as  to  ascertain  that  it  was  insolvent 
to  the  extent  of  $4000  or  thereabouts. 

Before  I  was  admitted  to  the  bar,  and  while  a  clerk  in  my 
brother's  office,  he  commenced  an  action  of  ejectment  for 
Wm.  Houseman,  a  poor  man  who  lived  in  the  northwestern 
part  of  the  county  of  Saratoga,  to  recover  a  large  real  estate 
in  the  city  of  New  York,  which  he  claimed  as  heir-at-law  of 
his  niece  Eachael  Hunt  deceased,  who  was  the  only  child  of 
his  brother,  John  Houseman,  who  died  in  that  city  leaving 
such  estate  to  her.  Wm.  Houseman  died  before  the  cause 
was  tried,  and  the  suit  abated.  He  left  several  children,  sons 
and  daughters,  surviving  him.  Some  time  in  the  year  1815, 
and  I  think  near  the  close  of  it,  these  children  applied  to  me 
to  renew  the  prosecution  of  the  claim  for  them,  stating  that 
their  father  had  told  them,  that  he  had  agreed  with  my 
brother  to  give  him  ten  thousand  dollars,  if  he  succeeded  in 
recovering  the  property.  They  offered  the  same  terms  to  me, 
saying,  however,  that  they  were  poor  and  unable  to  pay  any- 
thing if  the  property  was  not  obtained.  I  declined  making 
any  agreement  with  them  for  a  contingent  compensation,  but 
agreed  to  commence  a  suit  and  test  their  claim,  and  told  them, 
I  would  leave  the  compensation  to  their  honor  in  case  of  suc- 
cess. The  thought  at  once  occurred  to  me,  that  should  I  suc- 
ceed and  obtain  the  ten  thousand  dollars,  or  any  thing  like 
that  amount,  it  would  be  owing  to  my  having  survived  my 
brother  and  succeeded  to  his  business,  and  I  determined  to  apply 
whatever  should  be  obtained  in  the  suit,  to  the  payment  of 
his  debts  and  a  provision  for  his  widow  and  daughter.  The 
suit  was  immediately  commenced  and  was  tried  at  New  York, 
in  April,  1816.  As  the  facts  were  few  and  simple,  I  went  to 
the  city,  tried  the  cause  alone  and  took  a  special  verdict,  that 
is,  a  verdict  establishing  all  the  material  facts  in  the  case,  and 
leaving  the  questions  of  law  to  the  court.  The  case  was 


36  AUTOBIOGRAPHY 

ready  and  noticed  for  argument  at  the  October  Term  of  the 
Supreme  Court,  in  1817.  Thomas  Addis  Emmet  and  Peter 
W.  Radcliff  were  counsel  for  the  defendants  and  opposed  to 
me.  Mr.  Emmet  was  confessedly  at  the  head  of  the  bar  in 
this  state,  and  Mr.  Radcliff  was  not  far  below  him.  It  seemed 
to  me  presumptions  to  undertake  the  argument  of  such  an 
important  cause  against  such  eminent  counsel.  Knowing  by 
this  time  that  my  brother's  estate  was  insolvent  to  the  amount 
of  $4000,  I  resolved  that  in  case  of  success,  and  obtaining  the 
$10,000,  to  give  $5000  to  my  brother's  widow  and  daughter, 
apply  $4000  to  the  payment  of  his  debts,  and  give  the  other 
thousand  to  some  distinguished  counsel  to  assist  me  on  the 
argument.  In  selecting  that  counsel  I  fixed  upon  a  gentle- 
man, who  stood  high  in  this  state  as  a  lawyer,  advocate,  and 
politician,  and  who,  I  knew,  had  been  greatly  assisted  by  my 
brother,  when  coming  forward  in  the  early  part  of  his  profes- 
sional career.  I  went  to  him  some  weeks  before  the  October 
Term  of  1817,  and  opened  my  whole  heart  to  him — stated  es- 
pecially my  intentions  in  respect  to  the  disposition  I  intended 
to  make  of  the  promised  reward,  thinking  it  would  deeply  in- 
terest him,  as  my  brother  had  been  so  kind  to  him  in  former 
years,  and  offered  him  the  $1000  in  case  of  success.  My  brief 
and  points  for  the  argument  were  already  prepared,  and  I 
gave  him  a  copy,  so  as  to  abridge  his  labor  as  far  as  I  could. 
He  encouraged  me  with  the  expectation,  that  he  would  attend 
the  Term  of  the  Court  and. aid  me  on  the  argument.  When 
I  called  upon  him  a  few  days  before  the  Term  commenced,  to 
confer  with  him  and  arrange  for  the  argument,  he  informed 
me  that  he  had  concluded  not  to  attend  the  Term,  and  said, 
that  as  the  cause  would  certainly  be  carried  to  the  Court  of 
Errors,  neither  an  argument  before  the  Supreme  Court,  nor 
the  decision  of  that  court  was  of  any  consequence,  and  that 
we  should  be  just  as  likely  to  succeed  in  the  court  above,  with 
the  decision  of  the  Supreme  Court  against  us  as  for  us.  I 
was  greatly  disappointed  and  disturbed  at  this  determination 
of  my  supposed  associate,  and  the  more,  because  I  could  not 
but  regard  the  decision  of  the  Supreme  Court  as  of  great  con- 


AND  COLLATERAL  REMINISCENCES.  37 

sequence.  But  it  was  too  near  the  Term  to  make  any  new 
arrangement,  and  I  was  obliged  to  go  to  New  York  and  argue 
the  cause  against  Messrs.  Emmet  and  Badcliff.  The  court 
was  not  full  when  the  cause  was  argued.  Only  three  of  the 
five  judges  were  present.  They  do  not  appear  to  have  re- 
garded the  case  as  of  any  moment,  as  no  opinion  was  written 
and  handed  to  the  reporter.*  The  cause  was  decided  at  the 
same  Term,  and  against  my  clients.  I  brought  a  writ  of  error 
and  removed  the  cause  to  the  Court  for  the  Correction  of  Errors. 
It  was  noticed  and  ready  for  argument,  and  argued  at  the 
Term  of  that  court  held  at  Albany,  in  September  1818.  After 
the  defendants  ascertained  that  the  cause  had  been  removed, 
and  was  to  be  argued  in  the  court  of  last  resort,  they  em- 
ployed John  Wells,  Esq.,  in  the  place  of  Mr.  Radcliff.  Mr. 
Wells  was  a  compeer  of  Mr.  Emmet,  and  regarded  by  many 
as  his  superior.  The  two  were  beyond  all  dispute  the  leaders 
at  the  bar  in  this  state.  They  had  no  equals.  A  few  weeks 
before  the  September  Term  of  the  Court  of  Errors  commenced, 
I  called  on  the  gentleman,  whose  aid  I  expected,  to  receive 
his  instructions  for  preparing  the  points  for  argument.  After 
looking  over  the  printed  case,  the  outlines  of  my  brief,  and 
sketch  of  the  points  which  I  had  prepared,  he  remarked, 
"  Why,  this  is  a  great  case — Emmet  and  Wells,  I  understand, 
are  both  in  it ;  and  each,  no  doubt,  has  received  a  large  fee, 
not  less  than  $1000,  and  perhaps  $2500."  I  said,  "Very 
likely,  and  I  wish  our  clients  were  able  to  give  you  a  like  fee, 
but  they  are  poor  and  can  pay  nothing  unless  they  succeed. 
If  they  do,  you  will  certainly  have  the  $1000  I  proposed  to 
give  you."  He  then  said,  "  I  shall  feel  humbled  and  out  of 
place,  to  go  into  court  without  a  respectable  fee,  in  such  a 
case  as  this  and  against  such  opponents,  and  feeling  so,  I 
shan't  be  able  to  speak  and  argue  with  the  force  and  spirit  I 
should,  if  I  felt  that  I  stood  on  true  professional  ground  ;" 
and  proposed,  that  I  should  give  him  my  own  note  for  $500, 
and  engage  to  pay  him  $500  more  if  the  judgment  of  the 

*  See  Reporter's  note  (a)  16  John.  R.  517. 


38  AUTOBIOGRAPHY 

Supreme  Court  was  reversed.  I  hesitated  at  this  unexpected 
and  selfish  proposal.  Perceiving  my  hesitancy,  he  attempted 
to  bring  me  to  it  and  secure  his  aid  by  remarking,  that  Mr. 
Talcot,  then  a  young  and  rapidly  rising  member  of  the  bar, 
who  was  admitted  at  the  same  time  I  was,  was  going  to  argue 
his  first  cause  at  the  next  term  of  the  Court  of  Errors,  and 
had  a  case  which  opened  several  broad  grounds  for  discussion 
and  would  give  him  a  fine  chance  to  display  his  talents,  and 
regretted  niy  first  case  presented  such  a  narrow  and  dry  point 
as  ours  did.  This  attempt  to  draw  me  into  pecuniary  obli- 
gations, and  influence  my  action  by  an  appeal  to  a  supposed 
mean  spirit  of  rivalry  with  a  young  professional  brother,  whom 
I  admired  and  respected,  mortified  and  offended  me.  I  made 
no  reply  to  it,  but  took  up  my  papers  and  left  the  gentleman's 
library  without  uttering  a  word.  The  thought,  that  this  gen- 
tleman, who,  I  had  so  many  and  such  good  reasons  to  think, 
would  enter  warmly  into  my  views  to  provide  for  my  brother's 
widow  and  child  and  pay  his  debts,  was  unwilling  to  take  the 
little  trouble  his  aid  on  the  argument  would  have  given  him, 
even  with  a  contingent  fee  of  $1000  in  prospect,  and  was 
willing  to  take  from  me,  and  attempted  to  persuade  me,  by 
appealing  to  a  supposed  ignoble  feeling  of  rivalry,  to  give  him 
$500  of  my  own  earnings,  and  engage  to  give  him  $500  more 
if  we  succeeded,  whether  my  clients  were  willing  or  not,  so 
overwhelmed  me,  that  on  my  way  to  my  office  I  could  not  re- 
frain from  tears.  But  indignation  and  pride  happily  came  to 
my  relief,  and  I  determined  to  argue  the  cause  alone. 

I  spared  no  pains  to  find  and  acquaint  myself  thoroughly 
with  every  case  decided  and  every  dictum  uttered,  whether  for 
or  against  me,  which  had  any  bearing  on  the  questions  to  be 
argued.  As  my  clients  were  the  plaintiffs  in  error,  the  com- 
mencement and  closing  of  the  argument,  or,  in  professional 
language,  the  opening  and  reply,  belonged  to  me.  Fearing  I 
should  not  have  sufficient  self-command  to  open  the  argument 
from  a  brief,  I  wrote  out  and  committed  to  memory,  so  that  I 
could  deli ver  mechanically  nearly  the  whole  of  my  opening  ar-r 
gument,  and  it  was  fortunate  for  me  that  I  did  ;  for  my  first 


AND  COLLATERAL  REMINISCENCES.  39 

appearance  in  that  high  tribunal,  the  amount  of  property  in- 
volved, the  great  eminence  of  the  counsel  opposed,  and  my 
intense  anxiety  to  succeed,  were  too  much  for  my  nerves, 
steady  as  they  generally  are,  and  I  should  probably  have 
broken  down  soon  after  commencing,  had  I  not  been  able  to 
speak  mechanically  for  some  minutes.  After  awhile,  my  self- 
possession  returned,  and  I  made  my  opening  argument  far 
more  satisfactorily  to  myself  than  I  had  anticipated. 

My  eminent  opponents  appeared  to  regard,  either  the  case 
as  quite  clear  for  their  clients,  or  their  opponent  as  inadequate 
to  the  task  he  had  undertaken  ;  for  they  made,  what  I  deemed, 
several  mistakes.  Mr.  Wells,  who  opened  the  argument  for 
the  defendants  in  error,  cited  a  large  number  of  cases,  and 
stated,  inaccurately,  that  they  sustained  such  and  such  prop- 
ositions. Every  one  of  these  cases  I  had  read  and  carefully 
examined,  and  had  correct  abstracts  of  them  ;  and  in  my  re- 
ply, by  bringing  some  of  the  books  into  court,  and  reading 
from  my  abstracts,  was  able  to  show  his  inaccuracy,  and 
greatly  weaken,  if  not  entirely  overthrow  his  argument.  Mr. 
Emmet  made  an  unfortunate  remark,  which  evidently  injured 
his  cause  with  the  lay  members  of  the  court.*  HQ  remarked 
in  the  course  of  his  argument,  that  he  "  felt  belittled  by  the 
discussion."  He  doubtless  intended  his  remark  to  apply  to 
the  narrowness  of  the  point,  on  which  the  validity  of  the  deed 
of  trust  was  attacked,  viz. :  the  want  of  a  pecuniary  consid- 
eration of  one  dollar  ;  but  the  members  of  the  court,  generally, 
thought  he  alluded  to  me,  and  felt  himself  belittled  by  a  con- 
test with  such  an  antagonist.  In  my  reply,  I  made  no  allusion 
to  his  remark,  and  thus  gave  him  no  opportunity  for  explana- 
tion. 

The  cause  came  on  for  decision  at  the  term  of  the  court 
held  at  Albany  in  January,  1819.  Chancellor  Kent  was  the 
only  member  of  the  court  who  wrote  an  opinion.  His  opinion, 


*  Our  old  Court  for  the  Correction  of  Errors  was  composed  of  the 
Chancellor,  Judges  of  the  Supreme  Court,  and  the  members  of  the  Senate, 
thirty-two  in  number,  only  a  few  of  whom  were  lawyers. 


40  AUTOBIOGRAPHY 

as  I  afterwards  learned,  was  handed  about  among  the  mem- 
bers of  the  court,  and  read  by  them  before  the  cause  was  de- 
cided, and  no  doubt  had  great  influence  in  producing  the  re- 
sult. The  decision  of  the  Supreme  Court  was  reversed,  and 
judgment  rendered  in  favor  of  my  clients,  by  a  vote  of  fourteen 
to  six.* 

The  gentleman,  whose  aid  I  had  endeavored  to  obtain,  was 
a  senator,  and  of  course  a  member  of  the  court.  In  deciding 
causes  removed  from  the  Supreme  Court,  the  Judges  of  that 
court  had  no  voice,  and  the  senators  who  were  lawyers,  were 
called  on  for  their  opinions  next  after  the  Chancellor.  When 
the  gentleman  mentioned  was  called,  he  rose  and  said,  he  had 
been  conversed  with  respecting  the  cause,  and  asked  to  bo 
excused  from  taking  a  part  in  its  decision.  His  manner,  and 
mode  of  expressing  himself,  created  the  impression  that  an 
attempt  had  been  improperly  made  to  influence  his  vote  in 
the  case.  I  am  unwilling,  however,  to  think  he  intended  to 
be  so  understood.  Yet,  it  was  singular,  that  the  six  senators, 
who  voted  to  affirm  the  judgment,  were  the  only  and  all  the 
senators,  who  were  of  the  same  political  (Bucktail)  party,  he 
was. 

Two  or  three  of  my  poor  clients  had  succeeded  in  getting 
money  enough  to  come  to  Albany  to  hear  the  decision ;  and 
when  I  came  out  of  court  and  told  them  it  was  in  their  favor, 
they  were  wild  with  joy. 

The  next  spring  they  all  came  to  Albany,  and  went  to 
New  York  with  me  to  take  possession  of  the  property  recov- 
ered. They  received,  in  productive  real  estate  and  back  rents, 
upwards  of  $70,000,  and  handed  me  out  of  the  back  rents 
$10,000.  I  gave  $5,000  to  my  brother's  widow  and  daughter, 
applied  $4,000  to  the  payment  of  his  debts,  and  satisfied  them 
all,  and  took  myself  the  $1,000  which  I  had  intended  to  give 
to  counsel  to  aid  me  on  the  argument. 

My  success  in  this  important  cause,  against  the  opinion  of 

*  The  title  of  this  cause  is  Jackson  vs.  Sebring,  and  is  reported  in 
16  John.  R.  515. 


AND   COLLATERAL  REMINISCENCES.  41 

the  Judges  of  the  Supreme  Court,  and  the  efforts  of  the  two 
most  eminent  counsel  in  the  state,  gave  me  a  position  at  the 
bar  of  far  greater  value  to  me  than  the  very  large  reward  which 
I  received. 

The  ordeal  through  which  I  passed,  in  endeavoring  to  ob- 
tain the  aid  of  older,  abler,  and  more  experienced  counsel, 
taught  me  a  lesson  of  kindness  and  liberality  to  my  juniors  at 
the  bar,  which  has  lasted  me  for  life.  No  young  member  of 
the  bar  has  ever  had  just  cause  to  complain  of  me  ;  but,  on 
the  contrary,  many  have  reason  to  thank  me  for  encourage- 
ment and  aid  in  their  early  efforts. 

In  October,  1814,  my  nephew,  James  Edwards,  a  son  of 
my  sister  Edwards,  a  country  lad,  in  his  fifteenth  year,  came 
from  Saratoga  county,  where  his  parents  resided,  to  Albany, 
to  live  with  me  and  become  a  lawyer.  He  had  a  fair  common- 
school  education,  and  commenced  a  seven  years'  clerkship  in 
my  office.  He  was  an  upright  and  industrious  youth.  Dur- 
ing the  first  four  years  of  his  clerkship,  a  large  portion  of  his 
time  was  devoted  to  classical  studies,  under  my  instruction. 
One  hour  of  my  time  each  morning,  before  breakfast,  was  set 
apart  for  hearing  his  recitations,  correcting  his  compositions, 
and  giving  him  instruction  in  rhetoric.  In  this  way,  we  went 
through  nearly  my  whole  course  of  studies  in  college,  more 
thoroughly,  however,  in  Latin  and  belles-lettres  than  in  math- 
ematics, the  taste  of  my  pupil  inclining  more  strongly  to  the 
former  than  the  latter.  This  morning  hour  of  instruction  was 
of  great  service  to  me  as  well  as  to  my  nephew.  For  while  he 
acquired  a  good  classical  education,  I  revived  and  increased 
my  knowledge  of  the  classics.  He  was  admitted  to  the  bar  in 
May,  1821,  and  commenced  his  profession  at  Ogdensburgh. 
But  on  my  proposal,  he  returned  to  Albany  in  May,  1822,  and 
entered  into  partnership  with  me.  We  continued  in  partner- 
ship till  I  removed  to  New  York,  in  May,  1828.  Mr.  Edwards 
still  resides  in  Albany,  is  in  easy  pecuniary  circumstances,  the 
head  of  an  interesting  family  of  sons  and  daughters,  a  gentle- 
man of  intelligence,  pleasing  and  good  manners,  a  sound  law- 
yer, and  one  of  God's  noblest  works,  an  honest  man. 


42  AUTOBIOGKAPHT 

Being  out  of  debt,  in  good  business,  with  a  few  thousand 
dollars  earned  and  invested,  I  felt  at  liberty  to  carry  into 
effect  a  long-cherished  design  of  marrying  the  young  lady,  in 
whom,  when  almost  a  child,  I  had  become  interested,  as 
already  mentioned,  and  between  whom  and  myself  there  had 
been  a  strong  attachment  for  some  years,  and  an  understand- 
ing that  we  were  to  be  married,  when  my  circumstances  would 
allow  it.  We  were  accordingly  married  at  the  house  of  her 
father,  Mr.  William  Fowler,  early  in  the  forenoon  of  Monday, 
the  17th  day  of  August,  1818,  and  soon  after  left  Albany  in  a 
carriage  which  I  had  hired  for  the  journey,  to  visit  my  mother, 
sisters,  and  other  relatives  at  Ogdensburgh  and  Black-Lake. 
We  traveled  leisurely,  and  visited  friends  on  the  way.  Our 
first  visit  was  to  a  college  friend  and  brother  lawyer  at  Am- 
sterdam, Marcus  T.  Eeynolds,  Esquire,  by  whom  and  his 
agreeable  lady  we  were  cordially  welcomed  and  hospitably  en- 
tertained. Our  next  visit  was  to  my  college  friend  and  brother 
lawyer,  Hon.  Alfred  Conkling,  at  Canajoharie.  He  and  I  were 
warm  friends  at  college,  though  not  in  the  same  class.  He 
was  before  me  ;  but  we  were  members  of  the  same  society,  and 
almost  the  only  Republicans  in  college.  In  those  days,  the 
line  of  distinction  between  Federalists  and  Republicans  was 
very  marked.  By  previous  arrangement,  Mr.  and  Mrs.  Conk- 
ling  were  to  accompany  us  on  our  journey. 

We  had  a  very  pleasant  journey,  and  a  delightful  visit  at 
Ogdensburgh,  where  my  brother  and  sister  York  lived,  and  at 
Black-Lake,  where  my  brother  and  sister  Davies  resided,  and 
with  whom  my  mother  was  living.  My  bride  was  a  well-edu- 
cated and  accomplished  young  lady,  of  sweet  temper,  cheerful 
spirit,  and  winning  manners.  All  were  charmed  with  her. 
But  when  my  good,  dear,  industrious  and  economical  mother 
found  that  she  did  not  know  how  to  knit,  she  was  really  dis- 
tressed, believing  I  had  been  most  unfortunate  in  selecting  a 
help-mate,  and  spoke  to  me  on  the  subject  with  deep  concern. 
I  mentioned  it  to  Mariana.  She  soon  relieved  my  mother's 
anxiety  by  offering  to  learn  to  knit,  if  she  would  teach  her. 
This  my  mother  gladly  undertook,  and  in  a  few  days  had  the 


AND  COLLATERAL  REMINISCENCES.  43 

satisfaction  of  seeing  a  stocking  rapidly  rising  into  being  and 
shape  in  the  hands  of  her  apt  scholar. 

Our  visit  to  Black-Lake  had  one  important  result.  It 
opened  a  way  for  the  education  and  future  usefulness  of  my 
nephew,  the  Hon.  Henry  E.  Davies,  now  (1865)  presiding 
Judge  of  our  Court  of  Appeals.  He  was  then  a  lad  on  his 
father's  farm,  but  a  bright,  pleasant  boy,  and  fond  of  his 
books.  His  parents  made  an  arrangement  with  Mr.  Conkling 
to  take  Henry  into  his  family  and  office,  and  give  him  an  op- 
portunity to  qualify  himself  for  admission  to  the  bar.  This 
arrangement  was  carried  into  execution. 

Many  amusing  and  pleasant  incidents  occurred  on  this 
journey,  only  one  of  which  I  will  relate.  On  our  return,  we 
stopped  one  night  at  Morristown,  and  learning  that  a  Nisi 
Prius  Court  of  the  King's  Bench  of  Canada  was  being  holden 
at  Brockville,  on  the  opposite  side  of  the  river,  we  concluded 
to  go  over,  and  see  how  trials  at  nisi  prius  were  conducted  in 
Canada.  We  found  the  court  in  session.  Lord  Campbell,  as 
he  was  called,  presided.  He  wore  a  black  silk  gown,  a  wig, 
and  a  small  cocked  hat,  and  was  perched  on  one  side  of  the 
court -room,  in  a  semicircular  box,  resembling  an  old-Tashioned 
pulpit,  resting  upon  and  supported  by  an  upright  post,  which 
brought  his  Lordship's  head,  under  his  wig  and  hat,  from 
twelve  to  fifteen  feet  above  the  floor  of  the  court-room,  so  that 
a  barrister,  when  addressing  him,  was  obliged  to  throw  his 
head  back  and  look  up.  All  the  lawyers  wore  black  gowns, 
most  of  which  looked  pretty  seedy.  The  cause  on  trial  was  an 
action  of  debt  on  a  bond  for  a  deed.  There  were  three 
counsel  engaged,  two  on  one  side,  and  one  on  the  other,  all 
named  "Jones."  The  plea  to  the  action  was  simply  non 
est  factum,  which,  of  course,  put  in  issue  only  the  execution 
of  the  bond  ;  yet  the  counsel  for  the  defendant  offered  proof 
and  desired  to  show,  that  his  client  had  performed  his  bond, 
and  given  to  the  plaintiif  a  deed,  according  to  the  condition 
of  it.  The  counsel  for  the  plaintiff  objected  to  this  proof 
under  the  plea  of  non  est  factum;  and  besides,  asserted,  that 
if  it  was  admitted,  he  would  show  that  the  defendant  had 


44  AUTOBIOGRAPHY 

no  title  to  the  land,  and  that  his  deed  was  good  for  noth- 
ing. The  two  Joneses  on  one  side  were  actual  brothers,  and 
the  usage  of  the  bar  was  for  all  counsel  to  address  and  call 
each  other  "  brother."  The  debate  on  these  questions  was 
carried  on  with  warmth,  and  very  irregularly  for  a  long  time, 
the  counsel  interrupting  each  other  constantly,  but  always 
with,  "  Brother  Jones,  allow  me,"  or  some  equivalent  expres- 
sion, never  omitting,  however,  the  "  Brother  Jones."  Hence 
we  heard  on  both  sides,  "  Brother  Jones,  allow  me  " — "  Brother 
Jones,  if  you  please" — "  My  Lord,  Brother  Jones  says,"  etc. — 
"  Brother  Jones,  my  Lord,  is  mistaken  in  saying,"  etc.  ;  and 
so  it  went  on  for  nearly  two  hours.  Lord  Campbell  seemed 
to  be  somewhat  perplexed  between  the  technicalities  of  plead- 
ing and  the  apparent  justice  of  the  case,  but  was  patient  and 
good  natured,  and  every  now  and  then  interrupted  this  tor- 
nado of  Brother  Joneses,  with  some  pleasant  remark  bordering 
on,  and  intended  to  be  a  witticism.  Finally,  as  there  must  be 
an  end  to  all  things  in  this  world,  the  Brothers  Jones  were  ex- 
hausted, and  a  waited  My  Lord's  decision.  He  decided  against 
the  defendant,  and  assigned  as  a  reason,  that  if  the  counsel  for 
the  defendant  had  intended  to  make  the  defence  he  offered,  he 
should  have  plead  nil  debit.  At  this,  Conkling  and  I  could 
not  help  exchanging  looks  and  smiling.  Mr.  Sherwood,  an 
eminent  lawyer  of  Canada,  observing  us,  and  struck,  too,  prob- 
ably with  the  blunder  of  his  Lordship,  rose  as  amicus  curiae, 
and  said  :  "  My  Lord,  this  action  is  on  a  bond  under  seal,  and 
nil  debit  is  not  a  good  plea  in  such  a  case."  "  Oh  !  (says  My 
Lord)  is  the  bond  under  seal  ?  I  hadn't  noticed  that ;  nil 
debit  wouldn't  be  a  proper  plea."  On  this  the  three  Jones 
sprung  to  their  feet,  each  trying  to  get  the  ear  of  My  Lord, 
and  each  calling  the  other,  "  Brother  Jones."  Conkling  and  I 
having  satisfied  our  curiosity,  withdrew. 

This  scene  afforded  us,  on  our  journey  home,  many  amusing 
hours.  Conkling,  being  a  tall  man,  of  rather  imposing  pres- 
ence, would  cross  his  hat  on  his  head,  which  gave  it  a  cocked 
look,  sit  up  erect,  and  personate  my  Lord  Campbell,  while  I 
would  take  the  parts  of  the  Brothers  Jones. 


AND  COLLATERAL  REMINISCENCES.  45 

If  any  of  my  sons  ever  become  lawyers,  they  will  enjoy  the 
scene  I  have  described. 

Mrs.  Foot  and  I  reached  home  after  an  absence  of  about 
four  weeks,  and  on  the  invitation  of  her  parents,  I  took  up 
my  residence  with  her  at  their  house. 

My  brother,  being  a  prominent  member  of  the  Republican 
party,  as  the  biography  of  him,  to  which  I  have  already  al- 
luded, will  show,  it  was  natural  for  me  to  fall  into  the  same 
line  of  politics.  Consequently  in  youth  and  early  manhood, 
I  was  what  in  those  days  was  called  a  "  Jeffersonian  Demo- 
cratic Republican."  This  included,  as  the  name  imports,  a 
high  estimate  of  Mr.  Jefferson  and  his  principles,  political  and 
moral.  This  estimate  of  him  I  continued  to  hold  till  some 
years  after  his  death,  when  I  read  his  life  written  by  his  son-in- 
law,  Mr.  Randolph,  which  contained  a  great  many  of  his  letters. 
These  entirely  changed  my  estimate  of  his  character  and  prin- 
ciples. 

When  the  war  of  1812  with  Great  Britain  was  declared, 
I  was  a  clerk  in  my  brother's  office  in  Albany,  and  exceedingly 
anxious  to  obtain  a  commission  in  the  army  raised  for  that 
conflict.  But  my  brother  set  his  face  firmly  against^  it,  and  I 
yielded  to  him  and  continued  my  professional  studies  and 
duties.  My  first  vote  was  given  for  the  Republican  candidates 
who  supported  the  war,  and  my  first  political  stand  and  act 
were  on  this  wise. 

In  May,  1812,  the  Republican  members  of  Congress  nom- 
inated Mr.  Madison  for  re-election  as  president,  and  a  few 
days  after,  the  Republican  members  of  our  legislature  nom- 
inated DeWit  Clinton  for  the  same  office.  At  that  time,  Mr. 
Clinton  and  Ambrose  Spencer  were,  and  had  been  for  several 
years,  the  leaders  of  the  Republican  party  in  this  state.  They 
were  brothers-in-law,  and  Mr.  Spencer,  a  Judge  of  the  Su- 
preme Court.  In  June  following,  Congress  declared  war 
against  Great  Britain.  This  was  a  measure  of  the  Republican 
party,  which  had  a  large  majority  in  Congress.  After  this, 
Judge  Spencer  took  ground  in  favor  of  the  election  of  Mr. 
Madison,  which  produced  a  bitter  quarrel  between  him  and 


46  AUTOBIOGRAPHY 

Mr.  Clinton.  The  war  terminated.  A  treaty  of  peace  was 
made  in  Europe,  on  the  24th  of  December,  1814,  and  an- 
nounced at  Washington,  on  the  17th  of  February,  1815. 

Mr.  Clinton,  although  supported  by  the  Federalists  for  the 
Presidency,  never  identified  themselves  with  their  party,  and 
especially  not  with  their  unpopular  measure  of  the  Hartford 
Convention.  After  being  defeated  in  the  election  for  President 
in  December,  1812,  he  was  politically  in  retirement.  He  con- 
tinued, however,  to  hold  the  office  of  Mayor  of  the  city  of 
New  York  to  which  he  was  appointed  in  February,  1811 ;  also 
the  office  of  Canal  Commissioner,  to  which,  with  several  other 
gentlemen,  he  was  appointed  by  an  act  of  the  legislature  in 
April  of  the  same  year.  He  was  removed  from  the  office  of 
Mayor  in  March,  1815,  and  the  office  of  Canal  Commissioner, 
which  he  still  retained,  was  unsalaried  and  merely  honorary. 
He  was  consequently  after  his  removal,  out  of  public  employ- 
ment, and  in  complete  retirement.  But  he  was  too  marked  a 
man  to  be  kept  there.  The  legislature  met  at  Albany  on  the 
30th  of  January,  1816,  and  shortly  before  it  met,  a  large 
meeting  of  respectable  citizens  \vas  held  in  the  city  of  New 
York,  at  which  earnest  resolutions  were  passed  in  favor  of  the 
construction  of  the  Erie  and  Champlain  canals,  and  an  able 
and  strong  memorial  to  the  legislature,  drawn  by  Mr.  Clinton, 
adopted.  He  went  to  Albany  as  agent  of  the  meeting  to  ad- 
vocate the  measure.  On  the  17th  of  April,  1816,  the  last  day 
of  the  session,  the  legislature  commenced  in  earnest  the  great 
enterprise  of  constructing  our  Eric  and  Champlain  canals,  and 
passed  an  act,  the  last  one  of  the  session,  repealing  former 
acts  on  the  same  subject,  and  appointing  Mr.  Clinton  and  four 
other  gentlemen  canal  commissioners,  with  adequate  powers. 

Before  the  close  of  this  session  of  the  legislature,  Judge 
Spencer  and  Mr.  Clinton  had  a  personal  interview,  and  became 
reconciled. 

Governor  Tompkins  was  nominated  as  the  Republican  can- 
didate for  the  office  of  Vice-President  of  the  United  States 
by  the  congressional  caucus,  held  at  Washington  in  March, 
1816,  and  accepted  the  nomination.  His  election  in  December 


AND   COLLATERAL   REMINISCENCES.  47 

following  was  regarded  as  certain.  This  would  produce  a 
vacancy  in  the  office  of  Governor  of  this  state  on  the  4th  of 
March,  1817,  and  render  the  election  of  a  successor  necessary 
at  the  election  in  April  following.  Mr.  Clinton's  friends,  and 
especially  Judge  Spencer,  were  very  active  during  the  summer 
and  autumn  of  1816  and  the  winter  following,  in  pressing  the 
nomination  of  Mr.  Clinton  for  Governor  by  the  Republican 
party.  Mr.  Joseph  D.  Selden,  of  Troy,  was  one  of  those 
friends.  He  and  my  deceased  brother  married  sisters.  This 
connection  brought  Mr.  Selden  and  myself  into  intimate  re- 
lations. He  was  a  delegate  from  Rensselaer  County  to  the  Re- 
publican convention,  held  at  Johnstown  on  the  5th  of  Feb- 
ruary, 1817,  to  nominate  candidates  for  members  of  the  senate, 
from  the  Eastern  District,  to  be  chosen  at  the  ensuing  election 
in  April. 

Mr.  Selden  knowing  me  to  be  in  favor  of  the  nomination 
and  election  of  Mr.  Clinton  on  account  of  his  identification 
with  our  auspicious  project  of  internal  improvements,  called 
on  me,  and  wished  me  to  draw  some  resolutions  approving  and 
recommending  his  nomination,  saying  that  he  intended  to  offer 
them,  if  he  found  the  convention  disposed  to  adopt  them.  I 
drew  the  resolutions.  He  took  them  to  Judge  Spencer  for  ex- 
amination and  approval.  The  Judge  approved  of  them  and 
only  made  a  few  verbal  alterations.  They  were  then  redrawn, 
and  Mr.  Selden  took  them  to  Johnstown. 

The  convention  nominated  candidates  for  the  senate,  trans- 
acted all  other  ordinary  business,  directed  their  proceedings  to 
be  signed  by  the  officers  of  the  convention  and  published  ;  and 
then  state,  that  "  after  the  ordinary  business  of  the  convention 
was  finished,  the  delegates  to  the  convention  having  freely 
communicated  with  each  other  and  compared  their  opinions  . 
.  .  .  .  and  after  having  chosen  J.  D.  Selden  chairman, 
and  A.  Morrel  secretary,  adopted  the  following  resolutions." 
Then  followed  a  series  of  resolutions  bringing  Mr.  Clinton 
forward  as  the  Republican  candidate  for  Governor  at  the  en- 
suing election. 

These  were  the  first  resolutions,  passed  by  any  public 


48  AUTOBIOGRAPHY 

meeting,  calling  Mr.  Clinton  again  into  political  life.  Whether 
they  are  the  identical  resolutions  drawn  by  me  or  not,  I  am 
unable  to  say,  though  they  undoubtedly  are  substantially,  if 
not  literally,  the  same. 

They  will  be  found  at  the  commencement  of  the  volume  of 
"  Papers  Written  by  me/'  and  marked  No.  1. 

Advocating  Mr.  Clinton's  nomination  and  election  was  the 
commencement  of  my  political  career,  and  drawing  these  res- 
olutions, the  first  act  which  identified  me  as  one  of  his  sup- 
porters. My  support,  unimportant  as  it  may  have  been,  was 
given,  because  he  was  the  chief  promoter  and  most  efficient 
conductor  of  our  great  canal  project.  It  made  me  in  the  po- 
litical nomenclature  of  the  day,  a  "  Clintonian."  The  same 
consideration  induced  me  to  remain  one,  until  the  construction 
of  our  canals  became  the  established  policy  of  the  state,  and 
they  approached  completion  ;  and  until  Mr.  Clinton,  in  1825, 
avowed  his  determination  to  support  Andrew  Jackson  for  the 
Presidency.  He  was  able  to  carry  but  few  friends  with  him 
in  this  state  into  the  Jackson  ranks. 

The  preceding  statements  have  been  made  thus  full  and 
particular,  that  my  children  may  see  my  surroundings,  motive, 
and  object,  when  taking  my  first  position,  and  performing  my 
first  act  as  a  politician. 

During  the  winter  subsequent  to  my  marriage,  which  was 
spent  with  Mrs.  Foot  at  Mr.  Fowler's,  Benjamin  F.  Butler, 
then  a  young  gentleman  about  my  age,  though  somewhat 
younger,  and  afterwards  eminent  as  a  lawyer,  politician  and 
Christian,  joined  me  in  studying  French.  We  engaged  a 
teacher,  who  attended  us  twice  a  week  at  Mr.  Fowler's  for 
several  months. 

On  the  21st  of  June,  1819,  a  daughter  was  born  to  us, 
whom  we  named  Margaret. 

On  the  3d  of  July  following,  most  unexpectedly,  and  with- 
out any  previous  intimation,  I  received  a  commission  as 
District  Attorney  for  the  county  of  Albany — a  highly  respect- 
able and  responsible  office — bestowed  by  the  council  of  ap- 
pointment then  sitting  in  the  city  of  New  York,  and  as  after- 


AND  COLLATERAL  REMINISCENCES.  49 

wards  ascertained,  on  the  nomination  and  recommendation  of 
Governor  Clinton.*  The  manner  in  which  this  office  was  con- 
ferred was  very  gratifying,  and  greatly  enhanced  my  estimation 
of  it.  It  proved,  however,  distasteful  to  me.  It  brought  me 
in  contact  with  criminals  and  their  associates,  the  degraded 
and  hatefully  vile,  and  obliged  me  to  bestow  a  large  portion 
of  my  time  and  thoughts  on  crimes,  and  the  means  of  detect- 
ing and  punishing  them.  It  kept  constantly  before  me  the 
worst  aspects  of  poor  humanity,  and  hindered  me  in  cultivat- 
ing those  views  and  sentiments  of  my  fellow-men,  which  I 
desired  to  entertain.  After  holding  the  office  about  six 
months,  my  w^h  was  to  resign  it,  but  at  that  time,  a  new 
phase  of  the  old  Republican  party,  under  new  leaders  and  op- 
posed to  Governor  Clinton  and  his  state  policy,  called  the 
"  Bucktail  Party,"  j*  was  gaining  strength  and  likely  to  come 
into  power,  and  if  they  did,  would  remove  from  office  all 
Governor  Clinton's  supporters.  Under  such  circumstances, 
resignation  did  not  seem  proper,  and  I  held  on  till  February, 
1821,  when  the  Bucktail  Council  of  Appointment  removed 
me,  and  appointed  my  neighbor,  and  with  truth  it  may  be 
said,  my  friend,  Benjamin  F.  Butler  in  my  place.  Although 
we  were  never  on  the  same  political  platform,  we  were  always 
friends  and  intimates  in  our  social  and  professional  relations. 

On  the  18th  of  October  of  this  year,  Mrs.  Foot  and  I  com- 
menced housekeeping,  slept  that  night  in  our  own  dwelling, 
and,  the  next  morning,  took  our  first  meal  at  our  own  table. 
Mr.  and  Mrs.  Fowler  were  kind  and  liberal,  and  furnished  our 
house  handsomely  for  us. 

My  brother  and  his  family  attended  the  Episcopal  church. 
When  with  them  in  my  college  vacations,  and  afterwards 
when  a  clerk  in  his  office,  and  partner  in  business,  I  attended 
the  same  church,  and  continued  to  do  so  for  some  years  after 
his  death  ;  but  a  controversy  arose  between  the  rector  and  the 
bishop  of  the  diocese,  in  which  the  parishioners  took  sides,  and 

*  He  was  elected  Governor  in  April,  1817. 

t  For  the  origin  of  this  strange  party  name,  see  Hammond's  Political 
History  of  New  York.     1  vol.,  p.  451. 
4 


50  AUTOBIOGBAPHY 

like  other  lawyers,  having  no  taste  for  a  quarrel  on  my  own 
account,  withdrew  from  the  church.  After  our  marriage, 
Mrs.  Foot  and  I  attended  the  Second  Presbyterian  Church. 
She  united  with  the  church  proper  on  confession,  on  the  6th 
of  February,  1820,  and  in  the  afternoon  our  little  daughter 
was  baptized. 

This  little  daughter,  though  well  formed  and  healthy,  was 
taken  ill  in  the  summer  of  1820,  and  notwithstanding  change 
of  climate,  and  every  other  available  means  of  recovery,  were 
resorted  to,  she  still  grew  worse,  and  died  on  the  llth  of  No- 
vember following.  This  was  the  only  child  we  ever  had. 

This  year  (1820)  the  Supreme  Court  held  its  October  Term 
at  Utica.  There  was  but  one  good  hotel  in  the  place.  That 
was  called  "  Bagg's  Tavern."  The  Judges  and  members  of 
the  bar  stayed  there.  Daniel  Cady,  of  Johnstown,  and  I  oc- 
cupied a  room  together,  and  then  began  an  acquaintance  and 
friendship,  which  continued  during  our  lives.  Mr.  Cady  was 
nearly  twenty  years  my  senior,  yet  our  friendship  grew  and 
strengthened  with  our  years.  We  attended  regularly  the  term 
of  the  court  at  Utica  for  many  years,  and  always  occupied  the 
same  room  together.  For  fifty-two  years,  viz.  from  1795  to 
1847,  Mr.  Cady  was  an  active  and  industrious  practitioner  of 
the  law.  When  I  became  acquainted  with  him,  and  ever 
thereafter,  he  ranked  among  the  very  first  class  of  our  profes- 
sion, but  his  moral  qualities  were  even  more  prominent  than 
his  intellectual.  He  was  an  ornament  to  the  bar,  beloved  and 
respected  by  all ;  and  when  elected  a  Judge  of  the  Supreme 
Court,  as  he  was  in  1847,  he  carried  on  to  the  bench  all  the 
high  qualities,  which  adorned  his  character  as  a  member  of 
the  bar.  He  remained  on  the  bench  till  the  close  of  the  year 
1855,  when,  being  in  the  eighty-second  year  of  his  age,  he  re- 
signed. He  was  a  beautiful  specimen  of  a  learned,  faithful 
and  righteous  judge.  It  is  said  of  him,  and  no  doubt  truly, 
that  during  the  seven  and  one-half  years  he  was  on  the  bench, 
"  he  lost  not  an  hour  of  time  in  the  discharge  of  his  duties." 
He  died  in  October,  1859. 

When  our  long  and  warm  friendship,  and  his  many  intel- 


AND  COLLATERAL  REMINISCENCES.  51 

lectual  and  moral  excellencies  are  recalled  and  reviewed,  it 
seems  strange  to  me,  knowing  my  own  imperfections,  that  he 
should  have  thought  me  worthy  of  his  unabated  friendship. 
His  and  my  intimacy  soon  brought  our  families  acquainted, 
and  mutual  visits  to  each  other's  houses  often  occurred  for 
several  years.  His  eldest  daughter,  Tryphena,  now  Mrs.  By- 
ard,  made  Mrs.  Foot  many  visits,  and  passed  a  good  deal 
of  time  with  us  before  she  was  married.  She  was  a 
bright  and  very  agreeable  young  lady.  In  December,  1820, 
she  was  visiting  some  relatives  in  Albany,  and  was  invited  to 
meet  her  fati^*-  at  my  house  at  tea.  She  was  then  a  miss  of 
seventeen.  When  I  came  in,  she  was  chatting  with  Mrs.  Foot, 
who  introduced  her  to  me  as  Miss  Tryphena  Cady,  the  daugh- 
ter of  my  friend.  The  name  Tryphena  struck  me  as  odd,  and 
I  asked  her,  where  her  parents  found  that  name.  She  re- 
marked in  answer,  that  she  feared  I  had  not  read  my  Bible 
with  care,  and  referred  me  to  Komans,  16  chap.  12  verse.  I 
looked,  and  there,  sure  enough,  St.  Paul  says,  "Salute  Try- 
phena." I  could  not  help  an  effort  to  give  her  a  kiss. 

The  year  1821  was  an  eventful  one  for  me.  In  February, 
as  already  mentioned,  my  removal  from  the  office  o/  district 
attorney  for  Albany  County  occurred. 

A  law  having  been  passed  in  March  of  this  year,  for  call- 
ing a  convention  to  revise  the  constitution  of  this  state,  a 
county  convention  was  held  at  Albany  on  the  25th  of  May,  to 
nominate  delegates  from  Albany  County  to  the  state  convention. 

Stephen  Van  Kensselaer,  James  Kent,  Ambrose  Spencer 
and  Abraham  Van  Vechten  were  nominated. 

A  large  meeting  of  citizens  was  held  in  Albany  on  the 
evening  of  the  31st  of  May  to  respond  to  their  nomination 
and  promote  their  election.  A  professional  brother,  James 
McKown,  who  was  several  years  my  senior,  opened  the  meet- 
ing with  an  eloquent  and  appropriate  address,  and  another 
professional  brother,  Ebenezer  Baldwin,  also  my  senior,  intro- 
duced a  series  of  appropriate  resolutions,  which  were  beauti- 
fully drawn,  and  the  duty  was  assigned  to  me  of  seconding 
them,  and  delivering  a  speech  in  their  support. 

I 


52  AUTOBIOGRAPHY 

An  outline  of  my  speech  was  published  in  the  papers  of 
the  day  ;  but  the  latter  part  of  it,  in  which  I  spoke  of  each  of 
the  candidates  in  the  order  they  were  nominated,  was  omitted. 
Having  this  day  (1865)  a  distinct  recollection  of  my  remarks 
on  each  of  the  candidates,  I  have  added  them  to  the  published 
ontline.  The  whole  will  be  found  in  the  volume  of  "  Papers 
Written  by  me,"  and  marked  No.  2. 

In  the  autumn  of  this  year,  I  purchased  a  handsome  three 
story  brick  house  in  Montgomery  street,  and  took  possession 
of  it  in  May  following.  I  also  purchased  a  small  lot  on  the 
opposite  side  of  the  same  street,  erected  a  two  story  building, 
and  occupied  it  as  an  office. 

The  greatest  event,  however,  of  this  year,  was  the  entire 
abandonment  of  the  use  of  tobacco.  The  habit  of  using  this 
deleterious  weed  was  acquired  while  at  college,  and  grew  upon 
me  every  year,  until  finally  it  became  almost  a  second  nature 
to  me,  and  so  incorporated  in  my  physical  system  as  to  make 
an  abandonment  of  it  nearly  impossible  ;  yet  it  was  plain  to 
me,  that  it  was  gradually  undermining  my  constitution.  It 
affected  my  nervous  system,  rendering  me  excitable,  and  caus- 
ing tremulousness  in  my  hands.  It  produced  inequality  in  my 
spirits.  While  under  its  influence,  they  rose  above  the  natural 
standard,  and  when  not,  fell  below.  It  gave  a  pallid  and  sal- 
low hue  to  my  complexion.  A  desire  for  the  weed  strength- 
ened with  its  use,  and  caused  a  steady  increase  in  frequency 
and  quantity.  I  began  to  fear,  too,  that  it  would  ultimately 
draw  me  into  the  use  of  more  powerful  stimulants,  of  which 
there  were  many  fearful  examples  within  the  circle  of  my 
acquaintances.  Under  these  circumstances,  I  resolved,  one 
Sabbath  afternoon,  to  abandon  the  use  of  the  weed. 

The  keeping  of  this  resolution  cost  me  a  severe  struggle. 
The  restlessness  felt,  especially  after  meals,  was  almost  in- 
sufferable. It  gradually  subsided,  however,  and  after  a  few 
weeks,  could  be  easily  borne  and  resisted.  At  the  end  of  six 
weeks,  all  desire  for  the  vile  weed  was  gone,  and  also  the  ef- 
fects of  its  use.  My  spirits  became  equable,  my  nerves  steady, 
and  my  complexion  assumed  a  natural  and  healthy  aspect.  I 


AND  COLLATERAL  REMINISCENCES.  53 

have  ever  since  entertained  a  horror  of  tobacco,  and  feel  grate- 
ful for  being  enabled  to  abandon  its  use. 


1822. 

In  May  of  this  year,  Mrs,  Foot  and  I  removed  to  our  own 
house  purchased  the  year  before,  and  took  possession  of  the 
building  erected  for  my  office.  My  partnership  with  Mr.  Ed- 
wards also  commenced  this  month,  and  relieved  me  from  at- 
tention to  thtf'J-°tails  of  business  in  the  office.  This  gave  me 
more  time  for  social  duties,  study  of  the  classics  and  general 
reading. 

My  house  and  office  were  paid  for  ;  my  house  handsomely 
furnished  :  there  were  no  debts  against  me  ;  I  had  several 
thousand  dollars  safely  invested,  a  good  professional  business, 
and  an  income  from  it  considerably  beyond  my  wants.  Under 
these  favorable  circumstances,  Mrs.  Foot  and  I  determined  to 
pay  more  attention  to  our  social  duties.  We  entertained  more 
and  visited  more  than  we  had  done  before. 

As  we  had  no  children,  and  Mr.  Fowler  was  abundantly 
able  to  provide  for  Mrs.  Foot,  if  she  needed  such  provision, 
there  appeared  to  be  no  necessity,  or  motive,  except  the  ig- 
noble one  of  love  of  money,  for  rapid,  or  large  accumulation 
of  property.  I,  therefore,  determined  to  lay  up  fifteen  hun- 
dred dollars  a  year  of  my  earnings,  and  spend  the  rest.  This 
was  done  for  thirteen  years,  and  until  new  duties  and  respon- 
sibilities rendered  larger  accumulations  necessary  and  proper. 

Chancellor  Kent  this  year  gave  me  new  proof  of  his  friend- 
ship. On  his  advice  and  recommendation,  his  son,  William, 
entered  my  office  as  a  clerk,  and  remained  with  me  till  the 
Chancellor  removed  with  his  family  to  New  York,  near  the 
close  of  October,  in  the  following  year. 

Grateful  for  the  many  temporal  blessings,  a  Bountiful 
Benefactor  was  constantly  bestowing  upon  me,  my  heart  be- 
gan this  year  to  turn  towards  Him.  My  memory  does  not  en- 
able me  to  recall  any  particular  time,  when  a  change  occurred 
in  my  religious  views  and  feelings.  That  change  was  gradual, 

I 


54  AUTOBIOGRAPHY 

and  not  complete  till  several  years  after  it  began.  My  impres- 
sion is,  that  I  commenced  asking  a  blessing  at  meals  in  May 
this  year,  when  we  were  established  in  our  own  house,  and 
some  short  time  after  that,  joined  Mrs.  Foot  in  private  devo- 
tions in  our  own  room  before  retiring  to  rest — first,  and  for  a 
considerable  time  only  on  Sunday  evenings  ;  but  afterwards  on 
every  evening. 

1823. 

This  year  was  an  important  one  in  my  life,  for  on  the  14th 
day  of  June  I  commenced  a  diary,  and  have  continued  it  to 
the  present  time  (1866).  The  keeping  of  it  has  proved  a  sort 
of  sentinel  over  me,  and  materially  aided  me  in  my  efforts  to 
live  a  useful  life. 

The  commencement  of  it  is  as  follows — 

'•'Yesterday  I  purchased  Dr.  Franklin's  works  in  6  volumes. 
In  the  afternoon  and  evening  looked  them  through  ;  and  although 
I  had  previously  read  his  memoirs  written  by  himself,  and  become 
otherwise  acquainted  with  his  life  and  writings,  yet  I  had  very  in- 
adequate ideas  of  the  extent  of  his  writings,  learning  and  useful- 
ness. While  reflecting  this  morning  on  his  many  and  eminent 
virtues,  I  was  led  to  take  a  retrospect  of  my  own  life.  How  barren 
it  appeared !  How  dissatisfied  I  am  with  myself." 

I  then  went  into  a  review  of  my  own  life  for  the  last  fifteen 
years,  and  particularly  of  the  manner  of  spending  my  time, 
and  was  astonished  to  find  how  large  a  portion  of  it  had  been 
uselessly  spent.  On  this  my  words  were — 

"  This  is  most  unpardonable,  especially  since  it  is  a  dead  loss. 
What  a  different  man  I  should  have  been  this  day  from  what  I 
am,  had  that  time  been  devoted  to  the  acquisition  of  useful  knowl- 
edge. Reformation  shall  take  place.  Should  a  kind  Providence 
spare  my  life  for  the  next  fifteen  years,  may  I  be  able  to  give  a 
better  account  of  the  manner  in  which  it  has  been  spent.  To  aid 
me  in  this  respect,  I  am  determined  to  keep  a  journal  from  this 
time,  in  which  shall  be  noted  my  time  of  rising  and  going  to  rest, 
and  the  way  my  time  is  spent  each  day." 


AND  COLLATERAL  REMINISCENCES.  55 

After  noting  the  time  of  rising  that  morning  (14th  of 
June)  this  first  entry  in  my  diary  is  closed  in  the  following 
words — 

"  Deeply  convinced  of  my  dependence  on  my  Heavenly  Parent, 
I  implore  his  aid  in  reforming  myself,  and  in  keeping  my  resolu- 
tions. 0  God,  vouchsafe  to  me  thy  assistance  in  these  things.  I 
ask  it  through  the  merits  of  thy  Son,  my  Saviour." 

One  of  the  modes  of  wasting  time  and  intellectual  strength, 
which  I  desired  to  correct  by  a  diary,  was  a  habit  of  musing, 
(as  nearly  as  I  can  describe  it  by  the  use  of  one  word.)  It  did 
not  consist  in  castle-building,  but  in  my  thoughts  running  at 
random,  and  indulging  themselves  in  wild  and  luxuriant  ram- 
bles in  imaginary  scenes. 

In  my  diary  of  the  16th  of  June,  mention  is  made  of  de- 
tecting my  thoughts  in  one  of  these  roving  excursions,  and  I 


"  They  were  easily  called  in.  It  is  clear  to  my  mind,  that  the 
thoughts  may  he  concentrated  and  applied  to  any  subject  at  will. 
One  cannot  watch  them  all  the  while.  Of  course,  they  occasion- 
ally break  out,  and  strike  into  unexpected  trains." 

We  often  see  men  of  ordinary  powers  of  mind  reach  high 
distinction,  become  great  men,  and  leave  behind  them  imper- 
ishable names  and  rich  stores  of  useful  knowledge.  My  im- 
pression is,  that  their  success  is  attributable,  in  a  great  degree, 
to  their  ability  to  control  their  thoughts  and  apply  them  to 
useful  and  practical  objects. 

In  the  last  week  of  July,  business  at  the  Saratoga  Circuit 
took  me  to  Ballston  Spa,  where  the  court  was  held.  Mrs. 
Foot  went  with  me.  We  lodged  at  the  Sans  Souci,  were  there  a 
week,  and  made  many  interesting  and  valuable  acquaintances  ; 
among  them  were  two  gentlemen  of  distinction,  Harrison  Gr. 
Otis  of  Boston,  and  Professor  Benjamin  Silliman  of  New 
Haven.  Mr.  Silliman  and  I  met  frequently,  had  several  in- 
teresting conversations,  and  became  quite  well  acquainted. 
Our  ladies  also  became  acquainted,  and  we  all  took  a  ride  to-' 


56  AUTOBIOGRAPHY 

gether  to  Saratoga  and  spent  a  day  there.  Mr.  Ab'm  Van 
Vechten  also  attended  this  court,  being  engaged  on  the  op- 
posite side  to  ine  in  the  cause  I  went  there  to  try.  His  two 
daughters  were  with  him.  When  the  trial  was  over,  we  all 
returned  to  Albany  together.  This  visit  to  Ballston  Spa  was 
a  very  pleasant  one,  and  also  useful  socially  to  me  and  Mrs. 
Foot. 

On  the  26th  of  September,  at  2  o'clock  P.M.,  the  water  was 
let  into  the  eastern  section  of  the  Erie  Canal.  The  citizens 
of  Albany  determined  to  celebrate  the  event  of  the  passage  of 
the  first  boat  from  the  canal  into  the  Hudson  river.  A  meet- 
ing was  held  and  a  committee  appointed  to  arrange  and  con- 
duct the  celebration.  I  took  an  active  part  in  calling  the 
meeting,  was  on  the  committee  of  arrangements,  and  chairman 
of  one  of  the  principal  sub-committees.  The  toasts  for  the 
dinner  were  drawn  by  me,  and  the  publication  of  the  proceed- 
ings superintended  by  me.  The  celebration  took  place  on  the 
8th  of  October. 

In  my  diary,  under  date  of  the  28th  of  October,  is  an  en- 
try in  the  following  words — 

"  In  the  evening  we  had  a  small  party.  Before  the  company 
came  in,  Chancellor  Kent  called  and  bid  us  farewell.  The  parting 
was  interesting.  The  Chancellor  was  affected  and  so  was  I.  When 
William  and  I  parted  the  other  day,  it  was  the  same." 

The  record  of  this  year  shows  a  constant  struggle  with 
myself  to  waste  no  time  in  unnecessary  sleep,  musing  or  other- 
wise ;  and  yet  with  my  best  efforts,  I  made  continual  failures, 
over  which  I  sorrowed,  and  resolved  again  and  again  to  do 
better  for  the  future,  and  repeatedly  asked  the  aid  of  my 
Heavenly  Father  in  keeping  these  resolutions.  My  efforts 
were  especially  directed  to  spending  the  Sabbath  properly ; 
yet  herein,  too,  I  often  failed  to  my  deep  sorrow. 

My  profession,  social  intercourse,  and  general-  reading  oc- 
cupied my  time  almost  wholly  this  year,  indeed  all  of  it  not 
required  for  exercise. 


AND  COLLATERAL  REMINISCENCES.  57 

1824. 

This  year,  as  the  last,  was  devoted  to  my  profession,  social 
duties,  and  general  reading,  with  one  prominent  exception,  as 
follows  : 

The  western  part  of  our  state  had  become  an  important 
and  influential  portion  of  it ;  and  since  the  completion  of  the 
middle  and  eastern  sections  of  the  Erie  Canal,  and  the  early 
prospective  completion  of  the  western  section,  had  rapidly  in- 
creased in  wealth,  population,  and  influence.  Although  I  had 
quite  an  extensive  acquaintance  with  the  prominent  men,  es- 
pecially those  who  were  members  of  the  bar,  in  that  part  of 
the  state,  I  had  never  had  an  opportunity  to  see  anything  of 
it  west  of  Utica,  and  had  had  a  desire  for  some  time  to  travel 
leisurely  through  it,  nor  had  I  ever  seen  the  great  wonder  of 
this  continent — the  Falls  of  Niagara.  I  had  read  the  history 
of  "  The  old  French  war/5  as  it  was  called,  that  is,  the  war 
between  France  and  Great  Britain  and  her  colonies,  especially 
her  American  colonies,  which  began  in  1753  and  ended  in 
1762,  by  which  Great  Britain  acquired  Canada,  and  desired 
to  visit  the  various  points  of  interest  in  that  war.  My  atten- 
tion had  also  been  drawn  to  the  progress  which  the  Roman 
Catholic  hierarchy  was  making  in  this  country ;  and  as  it  was 
fully  established  and  was  the  prevailing  and  controlling  eccle- 
siastical establishment  in  Lower  Canada,  I  wished  to  see  its 
churches,  establishments,  and  institutions,  and  learn  some- 
thing of  them  by  personal  observation.  Professor  Silliman, 
of  Yale  College,  had  made  a  tour  from  Hartford,  Ct.,  to 
Quebec  in  the  autumn  of  1819,  and  published  an  account  of 
it  the  year  following.  The  reading  of  this  (at  that  time)  in- 
teresting publication,  had  increased  my  desire  to  visit  Canada. 
Mrs.  Foot,  too,  was  equally  with  myself  desirous  of  observa- 
tion and  information,  on  these  various  objects  and  subjects  of 
interest.  To  enable  us  to  make  the  tour  agreeable,  as  well  as 
instructive,  I  re-read  the  history  of  the  old  French  war,  and 
made  notes  of  dates  and  points  of  interest ;  also  made  myself 
acquainted  with  the  number  and  character  of  the  Roman 


58  AUTOBIOGRAPHY 

Catholic  establishments  in  this  country  that  I  might  be  able, 
if  occasion  required,  to  converse  intelligently  concerning  them, 
and  also  compare  them  with  those  in  Canada.  With  these 
aids,  and  a  copy  of  Silliman's  Tour,  I  hoped  to  realize  the 
pleasure  and  benefits  anticipated. 

Early  in  the  spring  of  this  year,  we  determined  to  make 
this  long  contemplated  tour  the  following  summer,  and  made 
our  arrangements  accordingly. 

Mrs.  Foot,  myself,  and  Mrs.  Foot's  sister,  Miss  Sarah 
Fowler,  npw  (1865)  the  wife  of  Dr.  Horace  Webster,  President 
of  the  City  College  of  New  York,  left  Albany  on  the  morning 
of  Monday  the  31st  of  May,  in  a  canal  packet  boat,  and 
reached  Schenectady  that  evening.  The  ride  was  pleasant, 
the  mode  of  traveling  being  new,  and  the  scenery  between 
Albany  and  Schenectady  then  fresh  and  interesting.  This, 
we  understood,  was  the  first  trip  of  a  packet  boat  on  the  canal 
between  the  two  places.  The  boat  was  commanded  by  Capt. 
Bogart,  a  respectable  man,  nearly  or  quite  sixty  years  of  age, 
who  had  during  his  active  life  commanded  a  sloop  on  the 
Hudson  river,  between  Albany  and  New  York,  but  had  re- 
tired from  active  employment.  He  was  selected  to  take  com- 
mand of  this  first  and  new  boat  on  account  of  his  great  ex- 
perience and  trustiness  ;  and  he  had  drawn  from  the  quiet- 
ness of  age  his  old  pilot,  who  had  sailed  with  him  for  years 
on  the  Hudson,  that  he  might  have  the  aid  of  a  true  man  at 
the  helm.  The  captain  took  his  station  a  little  forward  of  the 
centre  of  the  boat,  and  the  pilot  took  the  helm.  The  horses, 
being  fresh  and  unused  to  the  work,  started  with  vigor.  The 
captain,  as  accustomed  in  his  sloop  on  the  Hudson,  gave  his 
orders  to  his  old  and  trusty  pilot  in  nautical  language,  star- 
board, port,  easy.  But  the  canal  was  not  the  wide  Hudson, 
nor  the  horses  the  wind  and  sails,  and  the  boat  every  now  and 
then  would  first  bring  up  on  one  bank  of  the  canal,  and  then 
on  the  other,  and  would  most  certainly  strike  one  or  the  other 
at  every  turn  in  the  canal.  This  produced  great  delay,  and 
by  the  time  we  reached  Schenectady,  captain,  pilot  and  horses 
were  thoroughly  worn  out. 


AND  COLLATERAL  REMINISCENCES.  59 

While  the  boat. was  passing  through  the  locks  west  of 
Troy,  the  ladies  and  I  called  to  see  some  friends  in  the  neigh- 
borhood, and  afterwards  went  and  viewed  the  Cahoes  Falls. 
The  river  was  high,  and  they  presented  an  imposing  sight. 
The  whole  brow  of  the  precipice  was  covered  with  water. 

General  Wadsworth,  of  Geneseo,  was  one  of  our  fellow- 
passengers.  He  and  I  had  a  good  deal  of  pleasant  conversa- 
tion during  the  day. 

The  next  day  we  left  Schenectady  early  in  the  morning  in 
a  packet  boat,  and  went  to  the  town  of  Canajoharie,  about 
half  way  to  Utica,  and  opposite  to  Palatine  Bridge.  There 
we  left  the  boat,  crossed  the  Mohawk  to  Palatine,  and  staid 
there  over  night.  Of  this  day's  journey,  I  say  in  my  diary — 

"  The  ride  was  delightful,  the  weather  was  fair,  though  warm. 
We  passed  through  the  vale  of  the  Mohawk.  The  canal  is  so  high 
as  to  give  one  on  a  boat  a  full  view  of  the  whole  vale.  There  was 
no  great  variety  in  the  scenery,  but  uniform  richness.  Nathaniel 
W.  Howell,  of  Canandaigua,  his  son  and  daughter,  and  General 
Wadsworth,  with  about  thirty  others,  were  on  the  boat.  I  had 
considerable  conversation  with  Mr.  Howell  and  General  Wads- 
worth." 

The  following  day,  being  Wednesday  the  2d  of  June,  we 
recrossed  the  Mohawk,  and  took  the  packet  boat  from  the  east 
to  Utica,  where  we  arrived  that  evening,  and  stopped  at 
"  Baggs  Tavern,"  then  the  leading  hotel  of  the  West  and  ad- 
mirably well  kept. 

Of  this  day,  I  say  in  my  diary : 

"  The  ride  was  pleasant.  The  scenery  was  much  the  same  as 
that  from  Schenectady  to  Canajoharie.  The  vale  of  the  Mohawk 
was  continually  presenting  her  riches  to  our  view,  and  through 
the  town  of  German  Matts,  they  were  abundant.  There  was  one 
exception  to  this,  viz.,  the  scenery  in  the  neighborhood  of  Little 
Falls.  It  is  not  only  beautiful,  but  almost,  if  not  quite,  grand.  It 
certainly  excites  different  emotions  from  the  beautiful  in  nature. 
It  is  wild  and  commanding. 

"  The  canal  appears  to  be  well  made,  and  in  viewing  it  and 


60  AUTOBIOGRAPHY 

the  scene,  no  idea  was  more  prominent  in  my  mind,  than  this, 
that  the  strength  of  man,  applied  and  guided  by  science  and 
wisdom,  is  almost  irresistible.  The  aqueduct  surpasses  all 
pieces  of  masonry  I  have  ever  seen,  though  I  have  seen  but  few. 
All  the  passengers  on  the  boat  were  strangers  to  me." 

The  next  day,  we  took  a  carriage  and  went  to  Trenton  to 
view  the  Falls.  We  spent  the  day  there  and  returned  to 
Utica  in  the  evening.  We  dined  at  Sherman's,  who  then  kept 
the  "  Rural  Resort,"  near  the  Falls,  a  small,  neat,  pleasant 
house.  Our  time  was  wholly  occupied  in  viewing  the  Falls. 
My  diary  contains  a  full  description  of  them,  covering  several 
pages  of  manuscript,  which  I  sat  up  till  twelve  o'clock  that 
night  to  write.  But  these  Falls  are  now  (1865)  so  universally 
visited,  that  a  description  of  them  would  be  tedious.  If  my 
children  have  any  curiosity  to  see  my  description  of  them, 
they  will  find  it  in  my  diary.  "The  Falls  (I  say)  border  on 
the  grand."  ....  The  display  of  scenery  was  bold  and 
rich.  I  must  leave  the  subject  with  recording  one  appearance, 
as  it  is  now  almost  12  o'clock.  The  column  of  water,  at  the 
summit  of  the  first  section  of  the  great  fall,  and  at  the  sum- 
mit of  the  first  fall,  was  black  as  elsewhere  in  the  creek,  but 
as  soon  as  it  turned  over  the  brow  of  the  precipice  and  took 
the  rays  of  light  laterally,  it  assumed  a  rich  yellow  hue,  and 
grew  lighter  and  lighter  until  it  reached  the  bottom.  On  this 
column  the  air  raised  puffs,  the  base  of  which  had  the  color 
of  the  column.  They  grew  lighter  until  the  point  became 
white,  and  terminated  in  spray.  The  column  was  full  of  these 
puffs,  especially  towards  the  bottom." 

On  Friday  the  4th  of  June  we  left  Utica  early  in  the 
morning  in  a  post-coach  and  rode  to  Onondaga  Hollow,  which 
we  reached  in  the  afternoon.  Nothing  worthy  of  notice  oc- 
curred in  this  ride.  We  breakfasted  at  Vernon  Village,  and 
dined  at  Manlius.  I  only  mention  in  my  diary  that  as  we 
descended  the  hill  towards  Manlius,  the  face  of  the  country 
improved  in  appearance. 

At  Onondaga  Hollow,  I  met  some  professional  acquain- 
tances, and  passed  some  time  with  them.  In  the  evening  I 


AND  COLLATERAL  REMINISCENCES.  61 

went  with  the  landlord  of  the  tavern  at  which  we  stopped,  to 
examine  a  potashery,  and  learn  the  mode  of  manufacturing 
potash.  The  operation  is  simple.  The  ashes  are  leached,  the 
lye  boiled  down  till  it  becomes  thick  and  ropy.  It  is  then 
purified  by  being  subjected  to  a  high  heat  in  fresh  kettles. 

The  next  morning  we  started  early  to  visit  the  villages  of 
Syracuse  and  Salina,  and  view  and  examine  the  salterns  of 
those  villages.  We  met  at  Syracuse  two  gentlemen  of  my 
acquaintance,  who  resided  there,  Judge  Joshua  Forman  and 
Mr.  Moses  D.  Burnet.  They  accompanied  us  to  Salina,  showed 
us  all  the  arrangements  for  raising  and  distributing  the  salt 
water  and  manufacturing  salt  at  the  villages  of  Syracuse, 
Salina,  Liverpool  and  Geddes.  My  diary  contains  a  full  de- 
scription of  them  and  of  the  different  modes  of  manufactur- 
ing salt.  They  are  substantially  the  same  at  the  present  day 
(1865),  though  on  a  far  more  extensive  scale.  They  were  new 
and  interesting  to  me  then.  All  well-informed  persons  are 
now  acquainted  with  them  and  I  will  not  repeat  them. 

In  the  afternoon  we  left  Onondaga  Hollow  for  Auburn 
where  we  arrived  that  evening.  Before  dismissing  our  stop 
at  the  Hollow  and  our  ride  to  Auburn,  I  will  mention  a  few 
things  found  in  my  diary. 

The  view,  from  the  summit  of  the  hill  on  the  west  of  the 
village,  where  the  Onondaga  Court  House  formerly  stood,  is 
quite  extensive.  Syracuse,  Salina  and  Liverpool  are  plainly 
seen,  and  I  thought  the  waters  of  Oneida  lake  were  also  vis- 
ible. The  view  also  from  the  summit  of  the  hill  east  of  the 
village  is  beautiful.  It  embraces  the  Hollow  and  the  slope 
beyond.  All  beautiful  land  and  well  cultivated.  In  our  ride 
to  Auburn  we  passed  through  Shaneateles,  a  beautiful  village, 
where  I  met  James  Porter  and  F.  G.  Jewett,  friends  and 
members  of  .the  bar.  With  each  in  subsequent  years  I  had 
intimate  relations.  Mr.  Porter  was  Register  in  Chancery  for 
several  years,  in  which  court  I  had  an  active  practice.  Mr. 
Jewett  employed  me  as  counsel  to  try  and  argue  his  causes  at 
the  East,  and  finally  served  with  me  as  Judge  of  the  Court  of 
Appeals. 


62  AUTOBIOGRAPHY 

We  spent  Sunday  the  5th  of  June  in  Auburn.  I  had 
several  friends  and  acquaintances  there.  We  attended  the 
Presbyterian  church  in  the  forenoon  with  my  friend  John 
Porter,  heard  a  sensible  and  instructive  sermon  from  Professor 
Mills — the  pastor,  Eev.  Mr.  Lansing,  being  too  ill  to  preach. 
I  find  an  entry  in  my  diary  in  the  following  words — 

"  I  enjoyed  the  services  this  morning,  and  before  church,  held 
considerable  communion  with  my  Heavenly  Father.  I  thank  Him 
most  sincerely  and  devoutly  for  his  protection  during  the  past 
week  ovef  me  and  mine,  we  having  been  several  times  exposed  to 
danger." 

We  attended  church  in  the  evening  and  heard  a  sensible 
sermon  from  the  pulpit  of  the  Presbyterian  church,  delivered 
by  a  Baptist  clergyman  of  the  name  of  Wycoff.  I  say  in  my 
diary — "  This  is  as  it  should  be." 

Several  friends  and  acquaintances  called  upon  us  in  the 
evening.  Among  them,  Judge  and  Mrs.  Enos  T.  Throop,  Mr. 
and  Mrs.  George  B.  Throop,  my  friend  Porter,  Mr.  Alexander 
Spencer,  Judge  Elijah  Miller,  Dr.  Smith,  and  Mr.  Hulbert,  a 
prominent  member  of  the  bar.  We  passed  a  pleasant  evening, 
our  friends  seeming  happy  to  see  us.  The  next  morning,  my 
friend  Porter  and  his  sister  called  and  took  us  to  see  the  state 
prison.  Captain  Lyon,  who  had  charge  of  it,  took  us  all  over 
it  and  showed  us  every  thing  of  interest.  I  made  full  entries 
in  my  diary  of  every  thing  we  saw,  but  all  are  now  (1867)  ac- 
quainted with  the  Auburn  prison.  It  has  ceased  to  be  an  ob- 
ject of  special  interest  as  it  was  in  1824,  and  the  entries  in 
my  diary  are  not  worth  repeating. 

At  Auburn,  I  hired  a  carriage,  pair  of  horses  and  driver, 
to  take  us  the  rest  of  our  journey.  After  viewing  the 
prison,  we  left  Auburn  for  Geneva,  where  we  arrived  at  sun- 
down. Little  did  I  think  then  of  the  scenes,  through  which 
in  after-life,  I  have  passed  in  that  village,  and  where  I  am 
now  (9th  of  March,  1867),  writing  these  lines. 

At  Cayuga  bridge,  on  our  way  to  Geneva,  I  met  several 
paternal  relatives.  From  them  I  learned  that  my  uncle,  Isaac 


AND  COLLATERAL  REMINISCENCES.  63 

Foot,  my  father's  youngest  brother,  was  still  living  in  Bain- 
bridge,  Chenango  County.  We  dined  at  Waterloo,  where  I 
met  several  professional  friends.  On  approaching  Geneva,  we 
rode  on  the  beach  at  the  foot  of  the  Seneca  lake,  which  gave 
us  a  beautiful  view  of  the  village. 

We  left  Geneva  early  on  Tuesday  morning,  the  8th  of 
June,  and  rode  to  Canandaigua  to  dinner.  We  did  not  go  on 
the  direct  road,  the  turnpike,  but  turned  off  to  the  north,  and 
passed  through  the  towns  of  Phelps  and  Manchester,  and  by 
the  sulphur  springs.  The  country  was  beautiful  and  the  ride 
pleasant.  I  called  upon  General  Philetus  Swift,  who  lived  in 
Phelps,  and  whom  I  knew.  He  was  not  at  home,  but  I  saw 
him  afterwards  working  on  the  highway.  He  was  a  prominent 
politician,  and  had  been  a  member  of  our  state  senate  eight 
years,  from  1811  to  1818. 

At  Canandaigua,  I  found  several  acquaintances.  Among 
others,  a  young  lawyer,  by  the  name  of  Misner,  whom  I  had 
examined  on  his  admission  to  the  bar  in  1818,  and  who  had 
been  a  partner  at  Geneva  of  Mr.  Stoddard,  a  lawyer  of  con- 
siderable distinction.  I  called  on  Mr.  Howell  near  the  close 
of  the  afternoon.  He  and  his  daughter  returned  with  me  to 
the  hotel  to  see  Mrs.  Foot  and  her  sister.  We  all  went  home 
with  him,  took  tea  and  spent  a  pleasant  evening. 

The  next  day  we  rode  from  Canandaigua  to  Caledonia, 
and  this  was  rather  an  eventful  day. 

Soon  after  crossing  the  Genesee  river,  and  while  on  the 
flats  in  the  then  Indian  reservation,  and  near  a  village  of  the 
Seneca  Indians,  our  carriage  sunk  into  the  mud  so  deeply,  as 
to  require  several  hours  of  labor  to  extricate  it.  I  went  with 
the  ladies  to  the  Indian  village,  found  a  pleasant  squaw,  left 
them  with  her,  and  returned  to  assist  in  getting  out  the  car- 
riage. 

The  springs,  or  rather  the  immense  spring  at  Caledonia, 
is  a  great  curiosity.  I  examined  it  fully.  My  diary  contains 
a  full  account  of  it,  and  of  the  probable  source  of  tho 
water,  also  a  notice  of  some  other  things  in  the  vicinity,  all* 
then  new  and  objects  of  interest  to  me. 


64  AUTOBIOGRAPHY 

The  next  day,  we  rode  through  Batavia  to  Williamsville, 
a  village  in  the  town  of  Amherst.  The  Court  of  Common 
Pleas  was  in  session  at  Batavia,  and  I  met  there  several  pro- 
fessional acquaintances,  among  them,  Levi  Rumsey,  who  was 
a  partner  with  my  brother  in  business  at  Troy  before  he  re- 
moved to  Albany.  Nothing  of  special  interest  occurred  this 
day.  My  diary  only  contains  some  brief  observations  on  the 
form  and  character  of  the  country,  through  which  we  passed. 
We  reached  the  then  village  of  Buffalo  early  in  the  fore- 
noon of  the  next  day,  and  remained  there  till  after  dinner.  I 
spent  my  time  in  Buffalo,  in  examining  the  location  of  the 
village,  the  situation  of  the  harbor  and  course  of  the  two 
creeks  which  form  it,  the  position  of  the  pier,  and  the  course 
and  termination  of  the  Erie  canal ;  also  in  calling  on  some 
acquaintances,  and  on  my  relative,  Ebenezer  F.  Norton,  and 
his  family.  With  the  latter  we  passed  some  time.  His  daugh- 
ter called  to  see  the  ladies  and  accompanied  us  in  a  ride  round 
the  village. 

My  diary  contains  a  full  account  of  every  thing  I  saw  at 
Buffalo,  but  that  is  now  (1867)  a  great,  populous  city,  and 
known  to  all. 

After  dinner  we  rode  down  to  Black  Rock.  I  viewed  the 
works  there  connected  with  the  canal,  and  then  crossed  the 
river  to  Canada,  called  on  the  Canadian  collector,  arranged 
with  him  the  amount  of  duty  to  be  paid  on  the  carriage  and 
horses,  called  on  G-eneral  P.  B.  Porter,  was  introduced  to  Mrs. 
Porter,  and  had  a  pleasant  though  short  visit.  The  General 
came  down  to  the  river  with  me  to  see  the  ladies.  After  cross- 
ing the  Niagara,  we  rode  up  to  Fort  Erie,  about  two  and  one- 
half  miles,  to  take  a  look  at  it.  The  ride  from  there  to  the 
town  of  Willoughby,  where  we  lodged  that  night,  was  beautiful. 
The  road  was  on  the  bank  of  the  river  and  excellent. 

I  find  the  following  entry  in  my  diary — 

At  the  upper  end  of  Grand  Island,  the  west  branch  of  the  river 
turns  circularly  northwestwardly.  The  view  from  the  northwest- 
side  of  this  circle  was  charming.  The  water  was  calm  and  all 


AND  COLLATERAL  REMINISCENCES.  65 

nature  quiet.     The  sun  was  near  setting.    We  passed  some  excel- 
lent farms." 


The  next  morning  (Saturday,  12th  of  June),  we  rode  to 
the  Falls,  and  took  lodgings  at  the  hotel  kept  by  Forsyth. 
The  ride  was  charming,  the  road  being  good,  and  still  on  the 
bank  of  the  river.  We  remained  at  Forsyth's  till  after  break- 
fast on  Tuesday,  the  15th  of  June.  On  Sunday,  we  at- 
tended the  Episcopal  church,  and  for  the  first  time,  heard 
prayers  for  the  king  and  royal  family.  We  spent  Monday  on 
the  American  side,  and  dined  at  the  Eagle  Hotel. 

My  whole  time,  while  at  the  Falls,  was  occupied  in  view- 
ing them  from  various  positions  and  at  various  hours,  day  and 
night,  visiting  and  examining  the  grounds,  on  which  the  bat- 
tles were  fought  in  1814,  between  us  and  the  English,  and 
other  objects  of  interest  in  the  vicinity.  My  diary  contains  a 
full  description  of  the  Falls,  rapids,  and  river,  as  they  ap- 
peared at  the  different  positions  I  occupied — of  the  solar  and 
lunar  iris,  of  the  latter  particularly,  as  it  was  the  most  per- 
fectly beautiful  object  in  nature  I  ever  saw — of  the  battle- 
fields and  other  objects  of  interest. 

We  met  and  became  acquainted  with  several  intelligent 
and  agreeable  persons  at  the  Falls,  whose  names  I  have  pre- 
served, but  will  mention  only  two,  as  they  afterwards  contrib- 
uted in  no  small  degree  to  the  pleasure  of  our  tour.  One  was 
Josiah  Quincy,  Jr.,  a  very  pleasant  and  intelligent  young  gen- 
tleman of  Boston,  a  son  of  the  distinguished  gentleman  of  that 
name,  to  whom  we  were  introduced  at  dinner  at  the  Eagle 
Hotel  by  a  Mr.  Warner,  of  Boston,  whom  we  first  met  at 
Canandaigua,  and  afterwards  at  Forsyth's  ;  the  other  was  a 
young  English  officer  by  the  name  of  Vivian. 

On  leaving  Forsyth's,  we  passed  down  the  river  on  the 
Canadian  side,  stopped  opposite  the  whirlpool,  went  down 
the  bank  to  the  water,  walked  around  the  whirlpool  to  the 
gorge,  and  viewed  the  whole  scene,  which  was  impressive,  and 
is  fully  described  in  my  diary.  On  arriving  at  Queenston 
Heights,  we  got  out  of  the  carriage,  sat  down  on  an  old  para- 
5 


66  AUTOBIOGRAPHY 

pet,  and  read  General  Van  Kensselaer's  account  of  the  battle 
there,  on  the  13th  of  October,  1813.  We  walked  over  the  battle- 
field, saw  the  place  where  General  Brock  was  killed,  and  the 
location  of  the  monument  being  erected  to  his  memory.  The 
foundation  was  laid,  and  a  few  feet  of  the  pedestal  built.  My 
diary  contains  the  following  entry  : 

"  The  view  from  Queenston  heights  is  grand.  The  Niagara 
river,  Lake  Ontario,  Lewiston,  Queenston,  St.  Davidstown,  Niagara, 
Fort  George,  Fort  Niagara,  the  plain  on  both  sides  of  the  river 
below  thp- steep  from  the  Black  Rock  and  Buffalo  level,  as  far  as 
the  eye  can  reach,  are  visible.  The  appearance  of  the  river,  as  it 
presents  itself  from  the  great  chasm,  is  beautiful.  The  color  of  the 
water  is  a  deep,  bright  green.  The  river  wheels  along  in  stately 
eddies  until  it  has  gained  sufficient  room,  and  then  calmly  pro- 
ceeds to  the  Lake." 

We  dined  at  Queenston,  and  in  the  afternoon,  rode  down 
to  Niagara,  the  site  of  old  Fort  George,  a  flourishing  and 
rather  pleasant  village,  and  stayed  over  night.  We  found  the 
road  good,  the  land  fertile  and  well  cultivated.  The  ride  was 
consequently  agreeable.  We  walked  round  and  over  the  fort. 
It  was  in  a  ruinous  condition.  The  body  of  General  Brock  is 
interred  in  the  northwest  bastion,  but  is  to  be  removed  to  the 
monument  when  completed.  There  were  four  companies  of 
troops  at  this  station,  and  the  only  part  of  the  establishment 
in  good  order,  was  the  barracks,  and  especially  the  officers' 
quarters.  After  viewing  the  fort,  I  read  the  account  of  the 
taking  of  it  on  the  27th  of  May,  1813,  by  General  Dearborne 
and  Commodore  Chauncy  ;  and  remark  in  my  diary  that  "  It 
is  highly  interesting  to  peruse  these  accounts  on  the  ground, 
as  one  can  locate  every  thing  and  see  its  bearings." 

The  next  day,  (Wednesday,  June  16),  directly  after  break- 
fast, we  crossed  the  river  to  our  side.  We  walked  from  the 
ferry  down  to  our  fort  Niagara,  entered  it,  were  received  by 
Lieutenant  Morris  and  conducted  over  it.  He  pointed  out 
every  thing  of  interest.  It  is  in  far  better  order  than  any  of 
the  forts  on  the  other  side  of  the  river.  The  view  from  the 
.top  of  the  large  mess-house  was  magnificent.  At  the  south 


AM)  COLLATERAL  REMINISCENCES.  67 

it  is  limited  by  the  steep,  which,  bounds  the  table  land  next 
to  the  lake,  but  in  all  other  directions,  is  unlimited.  After 
viewing  the  fort,  we  rode  to  Lewiston,  and  up  the  river  towards 
the  Falls,  to  obtain  views  of  them  from  our  side.  We  enjoyed 
these  views,  and  my  diary  contains  a  full  description  of  them. 
The  view  from  Lewiston  Heights  is  the  same  as  from  Queenston 
Heights,  but  surpasses  it  in  one  particular,  viz.  the  course  of 
the  river  to  the  lake  is  all  the  way  visible,  which  is  not  the 
case  on  the  other  side.  I  conclude  my  description  of  the  views 
of  the  Falls  and  river  from  the  American  side,  with  the  re- 
mark, "  I  have  had  more  interesting  views  of  the  Falls  and 
river  to-day,  than  on  any  other  day." 

We  returned  to  Lewiston  near  the  close  of  the  afternoon, 
but  rode  on  towards  Rochester  on  the  ridge-road  to  Cambria, 
where  we  staid  over  night.  Of  the  ridge-road  I  say — "It 
meets  my  expectations  and  is  a  wonder/'  In  this  ride  an  in- 
cident occurred  which  I  find  entered  in  my  diary  as  follows — 
"  On  the  way,  we  found  four  or  five  Indians  shooting  with  bows 
and  arrows  at  a  black  squirrel  in  a  high  tree.  I  promised  a 
quarter  to  the  one  who  brought  him-  down.  This  made  all 
ambitious.  The  sport  was  an  interesting  sight.  They  shot  re- 
markably well,  and  soon  brought  the  squirrel  down.  I  paid 
the  promised  reward,  and  gave  a  shilling  to  a  boy,  who  just 
hit  him,  but  did  not  bring  him  down." 

We  proceeded  on  the  ridge-road  from  Cambria  to  Roches- 
ter, turning  off,  however,  to  Lockport  to  view  the  deep  cut- 
ting through  the  rocks  for  the  western  section  of  the  Erie 
canal,  and  the  five  double  locks  at  that  place,  to  raise  the 
canal  on  to  the  table  of  land  on  which  Buffalo  and  Black  Rock 
stand.  Two  of  them  were  nearly  completed.  Although  the 
road  to  Lockport,  and  back  to  the  ridge-road,  was  the  worst 
I  ever  traveled  over,  yet  we  were  fully  rewarded  by  the  knowl- 
edge we  acquired  of  the  interesting  and  gigantic  works  in  the 
course  of  construction  for  completing  our  great  chain  of  in- 
ternal improvement.  We  lodged  at  Hartland  and  again  at 
Parma,  and  reached  Rochester  early  in  the  afternoon  of  Satur- 
day, the  19th  of  June.  There  is  great  sameness  in  the  face 


GS  AUTOBIOGRAPHY 

of  the  country,  the  whole  length  of  the  ridge-road,  and  nothing 
special  occurred  on  our  ride  on  it.  On  the  evening  of  the 
night  we  lodged  at  Parma,  I  went  to  hear  a  Universalist  cler- 
gyman preach  in  the  school-house.  I  say  in  my  diary  that 
his  sermon  "  consisted  of  barefaced  sophistry  and  perversion 
of  the  plain  meaning  of  Scripture." 

At  Eochester,  I  dismissed  our  carriage,  and  sent  it  back 
to  Auburn,  where  it  was  hired.  We  remained  in  Rochester 
till  the  afternoon  of  Tuesday,  the  22d  of  June,  when  we  took 
a  steamer- for  Ogdensburgh.  I  had  a  number  of  friends  and 
acquaintances  in  Rochester.  Our  time  there  was  spent  in 
visiting,  receiving  visits,  reading,  walking  and  riding.  We 
looked  at  every  thing  interesting  in  and  around  Rochester,  es- 
pecially the  upper  and  lower  falls  of  the  Genesee  river,  the 
immense  water  power  and  arrangements  for  using  it,  and  the 
principal  mills  and  manufactories.  We  attended  church  twice 
on  the  Sabbath,  forenoon  and  afternoon.  I  was  interested  in 
both  services,  and  so  interested,  especially  in  the  forenoon,  as 
to  record  in  my  diary  some  thoughts  respecting;  the  Bible  pre- 
sented in  the  sermon,  and  then  new  to  me.  Several  pages  in 
my  diary  are  filled  with  descriptions  of  what  I  saw  at  Roches- 
ter, accounts  of  the  visits  we  made  and  received,  of  the  friends 
we  met,  and  acquaintances  made  while  there. 

Mr.  Quincy  and  Lieutenant  Vivian  joined  us  at  Rochester 
a  few  hours  before  we  left.  They  came  on  the  steamer  from 
the  head  of  the  lake,  and  returned  on  board  with  us. 

To  show  how  much  bitter  feeling  was  excited  by  our  war 
with  England  in  1812,  and  to  what  extent  it  still  remained 
with  many  of  our  citizens  so  late  as  1824, 1  will  mention,  that 
in  the  post-coach,  in  which  we  rode  from  Rochester  to  Hand- 
ford's  Landing,  where  the  steamer  lay,  besides  ourselves, 
Quincy  and  Vivian,  was  an  old  man  from  Pennsylvania,  who 
had  commanded  a  regiment  of  militia  in  the  war.  Lieutenant 
Vivian  wore  an  undress  uniform.  As  soon  as  the  old  colonel 
found  himself  in  the  presence  of  an  English  officer,  he  seemed, 
as  the  phrase  is,  "  spoiling  for  a  fight."  After  a  while3  he 
boiled  over,  and  to  use  another  cant  phrase,  "  pitched  into  " 


AND  COLLATERAL  REMINISCENCES.  69 

Vivian,  and  was  grossly  insulting.  Vivian  was  too  much  of  a 
gentleman,  to  become  a  party  to  a  quarrel  in  a  public  coach, 
and  in  the  presence  of  ladies  ;  but  I  interposed,  and  showed 
the  pugnacious  old  colonel,  how  unmanly  and  inhospitable  it 
was,  after  peace,  and  on  our  own  soil,  to  be  rude  to  an  open 
enemy,  who  had  only  obeyed  orders  in  fighting  us. 

The  steamer  left  the  landing  about  5  o'clock  P.M.  The 
sail  down  the  G-enesee  river  to  the  lake  was  delightful.  The 
river  and  the  scenery  on  both  sides  were  beautiful.  The  after- 
noon and  evening  were  pleasantly  passed  on  the  steamer.  Our 
first  landing  was  at  Sacketts  Harbor,  which  we  reached  the 
next  morning  about  10  o'clock,  and  remained  till  11  o'clock 
the  following  evening.  Dr.  Day  of  the  army,  and  Captain 
M.  T.  Wolsey  of  the  navy,  were  friends  of  mine,  and  stationed 
at  the  harbor.  We  had  a  charming  visit  there.  We  dined 
with  our  friends,  and  attended  an  evening  party  at  the  canton- 
ment, where  we  met  several  agreeable  officers  and  their  ladies. 
There  were  a  number  of  objects  of  interest  at  the  harbor. 
Among  them  the  frame  of  the  great  ship,  the  building  of 
which  was  commenced  near  the  close  of  the  late  war  with  Eng- 
land. I  looked  at  them  all  in  company  with  Dr.  Day,  and 
wrote  a  full  account  of  them  and  of  our  visit.  My  friend, 
Mr.  Moss  Kent,  joined  us  here,  in  accordance  with  a  previous 
arrangement  made  before  we  left  Albany. 

When  I  rose  the  next  morning,  we  were  opposite  Cape  St. 
Vincent.  We  passed  down  the  St.  Lawrence  through  the  Thou- 
sand Islands,  and  arrived  at  Ogdensburgh  about  1  o'clock  P.M. 
The  passage  through  the  islands  was  beautiful,  indeed,  all  the 
way  to  Ogdensburgh. 

With  the  aid  of  my  friend,  David  C.  Judson,  we  engaged 
a  passage  from  Ogdensburgh  to  Montreal,  on  board  a  "  Dur- 
ham boat,"  as  it  was  called,  but  which  was,  nothing  more  nor 
less,  than  a  large  scow,  about  50  or  60  feet  in  length,  and  12 
or  15  feet  in  width,  with  sides  about  4  feet  high,  a  mast,  and 
one  large  sail  to  go  before  the  wind,  a  sweep  for  a  rudder  and 
helm,  and  six  or  eight  oarsmen,  with  long,  stout  oars.  On  the 
gunnels,  were  placed  wide  boards  to  keep  the  water  out,  when 


70  AUTOBIOGRAPHY 

the  boat  dashed  through  the  rapids,  or  encountered  heavy 
swells  in  the  river.  On  this  craft,  our  party,  consisting  of 
Messrs.  Kent  and  Quincy,  Mrs.  Foot,  her  sister,  and  myself, 
left  Ogdensburgh  about  3  o'clock  P.M.,  on  Saturday,  the  26th 
of  June. 

The  two  days,  we  were  at  Ogdensburgh,  were  passed  by 
Mrs.  Foot,  her  sister,  and  myself,  with  my  relatives,  at  Ogdens- 
burgh, where  my  sister  York  resided,  and  at  Black  Lake,  the 
residence  of  my  sister  Davies. 

We  arrived  at  Montreal  on  Monday  morning,  about  9 
o'clock.  We  stopped  the  first  night  on  the  Canadian  side, 
opposite  our  town  of  Massena,  and  about  one  mile  below  the 
Longue  Sault.  The  next  morning,  we  stopped  at  St.  Regis 
and  breakfasted  there.  On  Sunday  night  we  reached  Cha- 
teauguay,  on  the  east  side  of  Lake  St.  Louis,  and  lodged  there. 

In  this  clumsy  craft,  we  passed  through  all  the  rapids  of 
the  St.  Lawrence  river — the  Longue  Sault,  Lc  Coteau  du  Lac, 
Les  Cedars,  including  Split  Rock  and  the  Cascades,  Lachine 
and  Montreal.  Through  each  of  them,  the  captain  took  a 
pilot.  When  we  neared  any  of  them,  every  oarsman  took  his 
oar,  and  rowed  with  a  will,  as  we  passed  through,  thus  giving 
the  boat  headway  so  that  she  would  obey  her  helm.  Although 
I  wrote  a  pretty  full  account  of  this  journey  from  Ogdens- 
burgh to  Montreal,  I  did  not  attempt  to  describe  these  rapids, 
or  the  sensations  created  by  the  hazardous  passage  through 
them. 

A  few  years  since,  I  passed  them  again,  on  an  excursion 
with  my  daughters,  in  a  strong,  quick  steamer,  which,  although 
propelled  by  steam  and  obedient  to  her  helm,  rolled  and  sheered 
fearfully.  I  could  but  recall  the  Durham  boat,  and  wonder, 
how  we  could  have  ventured  to  encounter,  on  such  a  craft, 
these  raging  waters. 

At  St.  Regis  we  witnessed  an  interesting  ceremony  of  the 
Papal  church.  The  Indians,  it  appeared,  were  all  Romanists, 
and  one  of  them  was  near  death.  The  priest  made  a  formal 
visitation  to  his  dying  parishioner,  and  administered  their 
sacrament  of  extreme  unction.  The  priest  led,  and  all  the 


AND  COLLATERAL  REMINISCENCES.  71 

Indians  and  squaws,  in  their  peculiar  costume,  followed  in 
procession,  with  a  slow  and  solemn  movement.  On  arriving 
at  the  wigwam,  in  which  lay  the  sick  one,  the  priest  entered, 
and  the  Indians  and  squaws  all  kneeled  around  and  remained 
in  that  posture  till  the  ceremony  was  over.  Their  unsophis- 
ticated and  honest  hearts  seemed  to  he  earnestly  engaged,  in 
giving  their  departing  comrade  a  safe  passage  to  the  land  of 
spirits,  and  an  early  deliverance  from  purgatory. 

We  passed  Monday,  Tuesday  and  Wednesday  in  Montreal. 
I  had  letters  to  Messrs.  S.  Sewell  and  H.  Gates.  Mr.  and 
Mrs.  Ogden,  friends  of  Mr.  Kent,  called  early  upon  us.  We 
also  found  Lieutenant  Vivian  at  Montreal.  All  were  attentive 
to  us  and  rendered  our  visit  to  Montreal  far  pleasanter  than 
we  had  anticipated.  Our  time,  my  own  especially,  was  de- 
voted to  visiting  the  institutions  of  Montreal,  particularly  the 
Roman  Catholic  establishments.  I  looked  into  all  their 
churches,  visited  all  their  nunneries  and  the  hospitals  attached 
to  them,  and  inquired  into  their  foundations  and  present  re- 
sources. I  did  the  same  in  regard  to  their  schools  and  semi- 
naries of  learning.  My  visits  and  inquiries  also  extended  to 
other  religious  establishments,  more  particularly  the  Episco- 
palian. I  attended  one  of  their  courts  of  law,  and  obtained 
a  general  view  of  their  judicial  system.  In  a  word,  I  sought 
and  obtained  what  information  I  could,  in  regard  to  every 
thing  in  and  about  Montreal  worthy  of  observation.  The 
fruits  of  my  visits  and  inquiries  fill  thirteen  pages  of  my 
diary.  If  any  of  my  children  shall  wish  to  learn  any  thing 
about  Montreal,  as  it  was  in  1824,  they  will  find  it  in  some  of 
those  pages. 

We  went  on  board  the  steamer  for  Quebec,  at  9A  o'clock 
on  Wednesday  evening  the  1st  of  July.  We  landed  there  on 
Friday  morning  following  after  a  pleasant  passage.  I  have 
described  in  my  diary  the  country  on  each  side  of  the  river, 
and  the  objects  of  interest  observed  on  the  way  down.  We 
remained  in  Quebec  until  Thursday  evening,  the  8th  of  July. 
On  the  afternoon  of  the  6th,  we  met  our  friends  Mr.  and  Mrs. 
Delavan,  of  Ballston,  and  on  the  evening  of  that  day,  our 


72  AUTOBIOGRAPHY 

friends  and  traveling  companions,  Messrs.  Kent  and  Quincy, 
took  leave  of  us  and  left,  Mr.  Kent  for  Plattsburg  where  we 
were  to  meet  him  again,  and  Mr.  Quincy  for  home.  We 
parted  with  mutual  regret.  Their  duties  did  not  allow  of  a 
longer  stay,  and  I  had  not  yet  completed  my  survey  of  Quebec 
and  the  vicinity.  That  city  and  its  surroundings  are  full  of 
interest.  The  seven  days  we  passed  there  were  filled  with  in- 
struction and  pleasure.  The  manner  of  spending  them,  the 
objects  seen  and  examined,  and  the  persons  met,  are  fully 
stated  in  my  diary. 

As  a  specimen  of  the  diary  I  kept  on  this  tour,  a  copy  of 
that  kept  at  Quebec  will  be  found  among  "  Papers  Written  by 
me,"  as  No.  3.  It  will  also  show  the  many  objects  of  interest 
in  and  around  Quebec,  which  arrested  my  attention. 

We  reached  Montreal  on  our  return,  on  Saturday  morning 
the  10th  of  July.  We  had  a  pleasant  passage  up  the  river. 
Nothing  of  special  interest  occurred.  We  stopped  at  Trois 
Kivieres,  and  at  the  town  of  William  Henry.  The  govern- 
ment has  a  small  establishment  at  the  latter  place,  which  is  a 
pleasant  village.  The  scenery  near  it  is  tame,  though  beauti- 
ful. The  approach  to  Montreal  was  handsome.  The  principal 
objects  in  sight  were  Longuiel,  La  Prairie,  the  island  of  St. 
Helena,  the  little  island  at  the  northwest  end  of  it,  the  Rapids 
and  Montreal.  We  left  Montreal  soon  after  our  arrival,  in  a 
steamboat  for  La  Prairie,  in  company  with  Mr.  and  Mrs. 
Delavan.  As  we  passed  through  the  bay  of  Montreal  to  La 
Prairie,  we  had  a  beautiful  view  of  the  bay  and  surrounding 
objects,  especially  of  the  Lachine  rapids.  They  had  a  charm- 
ing appearance.  The  contrast  between  their  appearance,  and 
what  we  had  actually  found  them,  as  we  came  through  them, 
was  striking.  Our  boat  to  La  Prairie  dashed  directly  through 
the  Montreal  rapids.  We  made  a  short  stop  there,  and  as  I 
was  on  the  lookout  for  every  thing  worth  knowing  about  Can- 
ada, I  learned  from  some  one,  whom  I  met  there,  but  whose 
name,  if  known,  has  not  been  preserved,  that  the  Roman 
priests  are  entitled  to,  and  have  delivered  to  them  one  twenty- 
sixth  part  of  the  products  of  the  earthj  and  an  action  against 


AND  COLLATERAL  REMINISCENCES.  73 

all  Papists  who  omit  to  deliver  it.  When  a  new  church  is 
necessary,  the  bishop  gives  an  order  for  its  erection  on  the 
petition  of  a  majority  of  the  parish,  and  a  tax  is  laid  to  meet 
the  expense.  We,  and  Mr.  and  Mrs.  Delavan  took  a  carriage 
together  for  St.  Johns.  We  reached  Chambly  late  in  the 
afternoon  and  staid  over  night,  and  the  next  (Sunday)  morn- 
ing rode  to  St.  Johns,  where  we  passed  the  day,  but  found  no 
Protestant  church.  The  bay  of  Chambly  is  a  beautiful  ex- 
panse of  water.  On  the  opposite  side  of  the  Chambly  river 
lies  the  mountain  of  Belceil.  Its  outlines  are  bold,  it  stands 
alone,  and  is  the  only  mountain  in  all  that  region.  Our  ride 
from  La  Prairie  was  over  a  perfectly  level  country. 

On  Monday  morning,  the  12th  of  July,  we  took  a  steam- 
boat at  St.  Johns  through  Lake  Champlain  to  White  Hall. 
Our  friend,  Mr.  Kent,  came  on  board  at  Plattsburgh,  and  left 
at  Basin  Harbor  at  about  11  o'clock  that  night.  He  intro- 
duced me  to  Mr.  John  Hone,  Jr.,  of  New  York,  who  was  on 
board  the  boat  with  his  family.  The  next  morning  our  fam- 
ilies became  acquainted.  We  all,  Mr.  and  Mrs.  Delavan,  Mr. 
Hone  and  his  family,  and  ourselves,  went  from  White  Hall  to 
Sandy  Hill  in  a  canal  boat.  We  had  a  pleasant  passage  through 
Lake  Champlain,  and  from  White  Hall  to  Sandy  Hill.  At 
this  place  we  staid  over  night.  The  next  (Wednesday) 
morning,  Mr.  and  Mrs.  Delavan  left  us  for  Saratoga.  Mr. 
Hone  and  his  family  in  his  carriage,  and  we  in  one  we  hired, 
rode  down  to  Fort  Edward,  up  to  the  great  dam,  examined  it 
and  the  mills  adjacent,  then  through  the  village,  and  looked 
at  the  ruins  of  the  old  fort.  As  we  returned,  we  stopped  on 
the  hill  north  of  the  village,  and  viewed  the  tree  and  spring 
where  Miss  McCrea  was  murdered.  We  stopped  at  Glens 
Falls  and  spent  an  hour  looking  at  them.  They  are  beautiful. 
I  wrote  a  full  description  of  them  in  my  diary.  From  there 
we  rode  to  Lake  George,  where  we  arrived  about  3  o'clock  P.M. 
I  spent  the  evening  playing  chess  with  an  English  officer,  who 
belonged  to  the  corps  of  engineers.  He  told  me,  that  a  son 
of  General  Burgoyne,  and  3  son  of  the  traitor,  Arnold,  be- 
longed to  the  same  corps  ;  the  former  a  colonel,  and  the  latter 


74  AUTOBIOGRAPHY 

a  lieutenant-colonel.  Thursday,  till  3  o'clock  P.M.,  was  passed 
delightfully  on  the  lake.  Mr.  Hone  and  family  were  with  us. 
After  our  return,  Sarah  and  I  took  a  ride  on  horseback  to 
Bloody  Pond.  The  next  day,  after  breakfast,  Mr.  Hone  and 
his  family  and  ourselves  left  for  Saratoga.  We  stopped  and 
looked  again  at  Glens  Falls.  They  appeared  to  better  advan- 
tage than  when  we  examined  them  before,  as  the  sun  shone 
fully  on  them.  We  had  a  charming  ride  this  day.  We 
stopped  at  my  friend  Chancellor,  then  Judge  Walworth's. 
We  left  the  next  (Saturday)  morning  for  home,  where  we  ar- 
rived near  the  close  of  the  afternoon.  We  stopped  at  Ballston 
Spa  and°made  a  short  visit  to  my  niece,  Mrs.  Booth,  her  hus- 
band and  family.  We  found  all  right  at  home. 

A  couple  of  letters  from  Mrs.  Foot  to  her  parents  ;  one 
from  Niagara  Falls,  dated  the  12th  of  June,  and  the  other 
from  Quebec,  dated  the  6th  of  July,  will  give  outlines  of  our 
tour,  and  show  her  qualities  of  head  and  heart.  They  will 
be  found  added  to  my  "  Diary  at  Quebec  "  which  is  No.  3  of 
"  Papers  Written  by  me." 

In  my  diary,  under  date  of  "  Sunday  morning,  July  18," 
being  the  morning  after  we  reached  home,  is  the  following 
entry — 

"  Our  prayer  has  been  answered,  and  we  are  home  in  safety. 
Heavenly  Parent,  accept  our  thanks,  our  poor  but  sincere  thanks 
for  this  eminent  exertion  of  thy  protecting  kindness." 

The  residue  of  this  year  was  passsd  in  Albany,  except  the 
first  three  weeks  in  August,  which  were  passed  at  Utica,  at- 
tending the  Supreme  Court.  Mrs.  Foot  accompanied  me  as 
far  as  Johnstown,  where  she  made  a  visit  to  our  friends,  Mr. 
and  Mrs.  Cady,  also  a  visit  of  a  few  days  to  our  friends,  Mr. 
and  Mrs.  Simeon  Ford,  at  Herkimer.  My  time  at  Utica  was 
spent  usefully  in  court,  and  very  agreeably  out  of  it  in  society. 


AND  COLLATERAL  REMINISCENCES.  75 

1825. 

The  following  entry  is  in  my  diary,  under  date  of  the  1st 
of  January,  of  this  year — 

"  Thus  my  year  has  closed.  I  will  not  comment  on  the  man- 
ner in  which  I  have  passed  it.  Oh,  Heavenly  Parent,  may  I  find 
myself  in  life  and  health  at  the  end  of  the  present  new  year,  a 
better  man — a  more  devoted  Christian." 

This  year,  like  the  last,  was  principally  devoted  to  my  pro- 
fession, social  duties,  and  general  reading,  but  differed  from  it 
in  two  particulars.  I  paid  more  attention  this  year  to  public 
interests,  and  classical  studies. 

On  the  12th  of  January,  I  drew  a  memorial  to  our  legis- 
lature in  favor  of  improving  the  "  Navigation  of  the  Hudson 
Biver."  It  is  No.  4  of  "  Papers  Written  by  me."  This  me- 
morial was  published  in  the  Albany  Argus,  on  the  18th  of 
January,  preceded  by  a  short  article  written  by  me.  That 
article  is  No.  5  of  "  Papers  Written  by  me."  On  the  26th  of 
that  month,  I  appeared  before  the  joint  committee  of  the 
legislature  on  canals,  and  advocated  a  project  for  improving 
the  navigation  of  the  Hudson  below  Albany. 

There  was  an  effort  made  by  my  friends  in  the  legislature, 
in  the  month  of  March  this  year,  to  remove  the  then  incum- 
bent, and  appoint  me  attorney-general  of  this  state,  but  it 
did  not  quite  succeed,  and  it  was  probably  fortunate  for  me 
that  it  did  not,  as  it  would  have  drawn  me  fully  into  the  vor- 
tex of  party  politics,  and  retarded  my  progress  in  more  elevat- 
ing pursuits. 

Our  Erie  canal  was  completed  early  in  the  autumn  of  this 
year,  and  its  completion  was  celebrated  in  Albany  on  the  2d 
of  November.  I  was  on  the  committee  of  arrangements,  and 
took  an  active  part  in  the  celebration.  In  the  month  of  De- 
cember I  was  engaged  with  others  in  an  effort  to  establish  an 
orphan  asylum  in  Albany,  and  wrote  one  or  more  articles  for 
the  public  journals  in  favor  of  the  measure,  but  have  not  pre- 
served them. 


76  AUTOBIOGRAPHY 

On  the  30th  October  of  this  year,  I  formed  and  recorded 
in  my  diary  a  resolution  in  the  following  words — "  I  resolve 
to  become  familiar  with  the  Greek,  Latin,  French  and  Span- 
ish languages." 

In  execution  of  this  resolution,  I  read  the  Greek  Testa- 
ment every  Sunday,  Horace  or  some  other  Latin  author  every 
morning,  employed  a  French  teacher,  and  studied,  recited  and 
conversed  in  French  every  evening  not  otherwise  necessarily 
occupied,  during  the  rest  of  this  year.  I  was  in  earnest  and 
made  fair  progress  in  these  languages.  I  purchased  some 
books  for  studying  the  Spanish  language,  but  had  no  teacher 
and  made  little  or  no  progress.  I  found,  moreover,  that  a 
good  knowledge  of  French  and  Latin  would  enable  me,  in  a 
very  short  time,  to  master  the  Spanish. 

On  the  20th  of  this  month  I  had  removed  my  library  from 
my  office  to  my  house,  and  thus  enabled  myself  to  save  scraps 
of  time,  and  prosecute  to  greater  advantage  my  professional 
and  other  studies  ;  and  to  the  same  end,  on  the  1st  of  Novem- 
ber, the  articles  of  copartnership  between  Mr.  Edwards  and 
me  were  altered,  so  as  to  give  him  a  larger  share  of  the  busi- 
ness, cast  upon  him  more  duties  and  less  on  me,  and  thus  give 
me  more  time  for  the  pursuits  mentioned. 

Nearly  the  whole  of  this  year  was  passed  in  Albany.  I 
was  absent  only  on  three  occasions.  The  month  of  June  and 
the  first  week  in  July  were  passed  in  New  York,  attending 
the  Court  of  Chancery,  in  which  I  argued  several  causes. 
Mrs.  Foot  was  with  me.  We  had  rooms  at  Mrs.  Mann's, 
in  Broadway.  She  kept  one  of  the  best,  if  not  the  very 
best,  boarding-house  at  that  time  in  the  city.  My  friend, 
Mr.  Cady,  and  his  daughter,  Tryphena,  were  in  the  city 
with  us,  and  at  the  same  house.  We  had  a  considerable 
number  of  friends  in  the  city  of  high  social  position.  Among 
them  were  Chancellor  Kent  and  his  family,  and  Cadwallader 
D.  Golden  and  his  family.  Our  time  socially  was  passed  most 
agreeably.  Beside  attention  from  friends,  we  made  several 
new  and  valuable  acquaintances.  The  first  two  weeks  in 
August  were  passed  at  Utica,  attending  the  Supreme  Court. 


AND   COLLATERAL   REMINISCENCES.  77 

Mrs.  Foot  was  with,  me  there,  also.  We  passed  our  time 
pleasantly.  Our  friends  were  kind  and  attentive  to  us.  Mrs. 
Foot  and  I  spent  a  few  days  in  October  at  West  Point,  where 
we  went  to  attend  the  wedding  of  my  nephew,  Professor 
Charles  Davies,  which  occurred  on  the  llth  day  of  that 
month. 

One  incident  occurred  this  year  in  social  intercourse  worth 
mentioning.  Mrs.  Foot  and  I  attended  a  party  in  Albany, 
given  by  Mr.  and  Mrs.  Francis  Bloodgood,  on  the  26th  of 
March,  and  we  met  there  and  were  introduced  to  Captain 
Franklin  and  his  party  on  their  way  to  the  North.  This  was, 
I  think,  his  first  expedition  to  the  northern  regions  of  this 
continent.  He,  and  a  large  party  with  him,  as  we  all  know, 
were  lost  in  a  subsequent  expedition  many  years  afterwards, 
and  the  world  has  been  filled  with  accounts  of  expeditions  in 
search  of  him. 

As  this  year  opened  upon  me,  my  duties  and  obligations 
as  a  man,  citizen,  and  Christian,  pressed  me  more  strongly 
than  theretofore.  I  realized  more  fully  than  ever  before  the 
relations  in  which  I  stood  to  my  Grod,  my  country,  and  my  fel- 
low-men, and  the  duties  and  obligations  resulting  from  those 
relations.  The  last  clause  of  my  prayer  uttered  and  recorded 
on  the  first  day  of  the  year,  that  the  end  of  it  might  find  me 
"  a  better  man — a  more  devoted  Christian,"  was  uttered  in 
all  sincerity  and  earnestness,  and  my  diary  shows  continued 
and  persevering  effort  during  the  year  to  waste  no  time — to 
spend  the  Sabbath  aright — and  live  a  Christian  life. 

Finding  early  in  this  year,  that  my  property,  under  the 
moderate  investment  of  fifteen  hundred  dollars  a  year,  had 
already  amounted  to  considerable,  and  would,  with  a  like  in- 
vestment and  the  accumulations,  before  many  years,  reach 
quite  a  large  sum,  I  considered  it  my  duty  to  make  a  will, 
which  should  confer  some  benefit  on  some  portion  of  the 
human  family.  Accordingly  I  made  one  on  the  16th  of  Jan- 
uary. After  making  provision  for  Mrs.  Foot  during  her  life, 
and  giving  a  small  legacy  to  each  of  my  five  sisters  and  my 


78  AUTOBIOGRAPHY 

niece,  Lucretia  Booth,  the  daughter  of  my  brother  Ebenezer, 
I  gave  my  property  to  Union  College, 

"Upon  the  following  trusts  and  for  the  following  uses  and 
purposes— First,  That  the  trustees  of  the  college  invest  and  keep 
it  invested  in  stock,  or  good  securities,  separate  and  distinct  from 
the  other  funds  of  the  college.  Second,  That  the  annual  proceeds 
and  interest  thereof  be  applied  towards  the  support  and  education 
at  that  college  of  indigent  young  men,  (by  the  words  "  indigent 
young  men"  I  mean  those,  who  have  not,  in  a  discreet  use  of  their 
own,  or  parents'  means,  ability  to  educate  themselves  in  whole  or 
in  part — or  be  educated  by  parents  or  guardians),  of  the  age  of 
sixteen  years,  of  promising  talents  and  good  habits — which  young 
men  shall,  from  time  to  time,  be  selected  and  designated  by  the 
faculty  of  said  college,  which  designation,  being  in  writing  and 
signed  by  the  President,  and  delivered  to  the  person  designated, 
shall  be  conclusive — provided,  however.,  that  in  all  such  designa- 
tions, the  lineal  descendants  of  my  said  five  sisters  and  niece, 
having  the  requisite  qualifications  and  being  applicants,  shall  be 
preferred.  The  said  faculty  shall  have  a  right,  and  the  same  is 
hereby  vested  in  them,  to  give  to  such  young  men,  at  the  close  of 
their  collegiate  course,  as  shall  have  made  good  use  of  my  bounty, 
such  sum  of  money  as  they  shall  deem  proper — the  sum  thus 
given  to  any  one  young  man,  shall  not,  however,  exceed  one  half 
of  the  amount,  which  shall  have  been  applied  under  this  will 
towards  his  support  and  education." 

On  Monday,  the  18th  of  April,  I  wrote,  as  usual,  an  ac- 
count of  the  manner  in  which  I  had  spent  the  previous  Sab- 
bath. It  showed,  that  my  thoughts  had  been  unduly  occupied 
with  worldly  topics,  though  I  had  tried,  but  in  vain,  to  direct 
them  to  heavenly  ones.  At  the  end  of  this  account  are  the 
following  words — "  Oh!  when  shall  I  be  able  to  break  these 
cords,  which  bind  me  so  closely  to  the  earth?  or  when  shall 
power  be  given  me  to  do  it?  Thou  only,  Heavenly  Parent, 
knowest." 

Sunday,  the  23d  of  October,  appears  to  have  been  •  a 
marked  day  in  my  religious  progress.  On  that  day,  for  the 


AND  COLLATERAL  REMINISCENCES.  79 

first  time,  I  knelt  at  prayer.     The  entry  in  my  diary,  the  next 
Monday  morning  is  as  follows — 

"  In  the  morning  in  my  library  at  my  house,  I  prayed  on  my 
knees  for  the  first  time  in  my  life,  having  then  for  the  first  felt  an 
inclination  to  pray  in  that  posture.  I  used  that  posture  again 
this  morning,  and  this  morning  was  the  first  tune  in  my  life,  that 
I  approached  my  devotions  with  positive  feelings  of  pleasure,  and 
felt  an  eagerness  to  engage  in  them." 

1826. 

This  year  was  commenced  with  the  commitment  of  myself 
and  my  earthly  and  spiritual  interests  to  God,  a  record  of 
which  was  made  in  my  diary,  under  date  of  the  1st  January,  in 
the  following  words — 

"I  commit  myself  to  my  Heavenly  Father  during  the  present 
year,  and  pray  that  he  will  preserve  me  and  mine  in  health  and 
life,  advance  me  in  the  world,  and  extend  the  sphere  of  my  use- 
fulness ;  but,  above  all,  that  He  will  purify  my  heart,  and  adopt 
me  as  an  heir  of  his  spiritual  and  holy  kingdom." 

My  time  this  year  was  mainly  occupied  in  my  profession, 
social  duties,  classical  studies  and  general  reading.  My  pro- 
fession, however,  was  more  exacting,  and  required  a  much 
larger  portion  of  my  time  than  it  had  for  a  year  or  two  be- 
fore. I  endeavored  to  devote  my  mornings  to  Latin,  and  my 
evenings  and  a  portion  of  my  afternoons  to  French  ;  but  my 
profession,  especially  in  the  months  of  February,  March  and 
April,  interfered  materially  with  these  studies  ;  and  occasion- 
ally during  these  months,  my  week's  work  was  so  exhausting, 
as  even  to  deprive  me  of  my  usual  reading  in  the  Greek  Tes- 
tament on  the  Sabbath.  Still,  notwithstanding  this  profes- 
sional pressure,  I  gave  some  attention  to  public  objects,  wrote 
one  or  two  articles  in  January  for  the  papers  to  promote  the 
establishment  of  an  orphan  asylum,  and  on  the  evening  of  the 
20th  of  February  attended  a  public  meeting  held  for  that 
purpose. 


80  AUTOBIOGRAPHY 

My  professional  labor,  efforts,  and  studies,  during  the 
months  mentioned,  had  been  so  constant  and  severe,  that  at 
the  end  of  April,  my  health  required  respite  and  recreation. 
My  father-in-law,  Mr.  Fowler,  having  a  light,  pleasant  car- 
riage which  he  did  not  use,  offered  it  to  me  and  his  daughter. 
We  accepted  it,  and  on  the  3d  of  May  I  bought  a  pair  of 
horses.  With  this  establishment,  Mrs.  Foot  and  I  determined 
upon  a  tour  by  land  from  Albany  to  Boston,  by  the  way  of 
New  York,  the  Sound,  New  Haven,  Newport  and  Providence, 
and  from  Boston,  across  the  country,  through  Northampton 
and  Pittsfield,  borne.  Accordingly,  we  left  Albany  for  New 
York  on  the  east  side  of  the  Hudson  river,  on  Monday,  the 
22d  of  May,  at  3  o'clock  P.M.  We  rode  that  afternoon  to 
Kinderhook,  where  we  staid  over  night.  The  next  day  we 
dined  at  Hudson,  and  lodged  the  following  night  at  Rhine- 
beck.  We  dined  late  the  next  day  at  Poughkeepsie,  and  staid 
the  following  night  at  Fishkill.  We  stopped  a  few  hours  the 
next  morning  at  Peekskill  and  lodged  at  night  near  Dobbs 
Ferry,  and  reached  New  York  the  next  day  (Friday,  the  26th 
of  May)  about  noon.  The  journey  was  delightful.  At  almost 
every  stopping-place  we  had  friends  and  acquaintances,  to 
whom  we  made  short  visits,  and  some  of  whom,  as  opportun- 
ity offered,  visited  us.  James  Vanderpool,  afterwards  an 
eminent  judge,  called  on  us  at  Kinderhook.  My  friend,  Am- 
brose L.  Jordan,  afterwards  attorney-general  and  state  senator, 
called  and  spent  some  time  with  us  at  Hudson.  At  Hyde 
Park,  I  called  to  pay  my  respects  to  Benjamin  Allen,  LL.D., 
who  was  professor  of  mathematics  at  Union  College  while  I 
was  there,  and  who  won  my  heart,  and  stimulated  my  ambi- 
tion, by  a  few  words  spoken  at  a  recitation.  He  called  me  up 
in  order  to  demonstrate  a  proposition.  I  went  to  the  black- 
board, drew  the  figure,  returned  to  my  place,  and  either  from 
absence  of  mind,  or  thoughtlessness,  (for  I  always  knew  my 
mathematical  lessons),  I  blundered  for  an  instant,  but  soon 
gathered  myself,  and  went  through  correctly,  but  was  excited 
and  somewhat  mortified.  The  good  professor,  observing  this, 
(he  was  a  large,  good-looking  man,  had  a  noble  presence  and 


AND  COLLATERAL  REMINISCENCES.  81 

dignified  manners),  said,  in  a  clear,  manly  voice,  "Foot, 
Homer  sometimes  nodded."  At  Poughkeepsie  we  had  a 
pleasant  visit  of  an  hour  with  Mr.  and  Mrs.  General  James 
Talmadge,  and  at  Sing  Sing  took  tea  with  General,  then 
Colonel,  Aaron  Ward.  My  diary  contains  full  descriptions  of 
the  towns  and  country  through  which  we  passed  in  this  jour- 
ney on  the  east  bank  of  the  Hudson,  but  all  are  now  (1866) 
greatly  changed.  If,  however,  any  of  my  children  should 
wish  to  see  how  they  appeared  at  that  time,  they  can  refer  to 
my  descriptions  of  them. 

Professional  business  detained  me  in  the  city  several  days. 
We  lodged,  while  there,  at  Mrs.  Mann's,  in  Broadway,  where 
we  met  several  acquaintances.  Our  stay  in  the  city  continued 
till  the  afternoon  of  Tuesday,  the  30th  of  May.  While  there, 
several  of  our  friends  called  on  us  and  we  visited  a  good  deal. 
We  spent  the  Sabbath  by  attending  the  South  Dutch  Church, 
in  Garden  street,  in  the  forenoon,  where  we  heard  Dr.  Mathews, 
then  in  the  zenith  of  his  ministerial  career,  and  St.  John's 
Church,  with  my  friend  James  Smith,  in  the  afternoon.  We 
went  to  the  opera  on  Saturday  evening.  It  was  the  first  one 
I  ever  attended.  My  children  will  see  what  I  thought  of  it, 
at  this,  my  first  acquaintance.  My  entry  is  in  these  words — 
"  The  opera  is  a  foolish  kind  of  entertainment.  Conversation 
in  music,  however  good,  is  unnatural.  The  composer  can  dis- 
play talent  by  suiting  his  music  to  the  thought  and  action." 

The  afternoon  we  left  New  York,  we  rode  to  East  Chester, 
to  the  residence  of  Mr.  Philemon  H.  Fowler,  an  uncle  of  Mrs. 
Foot,  where  we  staid  over  night,  and  left  the  next  morning 
after  breakfast.  We  kept  along  the  Sound  to  New  Haven, 
dined  at  Sawpit,  lodged  at  Saugatuck,  and  arrived  at  New 
Haven  the  next  day  (Thursday)  about  1  o'clock  P.M.  This 
ride  from  East  Chester  to  New  Haven  was  delightful.  The 
Sound  was  in  sight  most  of  the  way.  We  passed  through  a 
series  of  beautiful  towns — Bye,  Stamford,  Norwalk,  Sauga- 
tuck, Green  Farms,  Fairfield,  Bridgeport,  Stratford  and  Mil- 
ford.  The  road  was  good,  the  land  generally  well  cultivated, 
and  the  views  charming. 
6 


82  AUTOBIOGRAPHY 

We  remained  at  New  Haven  till  4  o'clock  P.M.,  the  next 
day,  when  we  left  for  Middletown.  We  had  some  friends  at 
New  Haven  whom  we  hoped  to  see,  particularly  Professor 
Silliman,  but  he  was  not  at  home.  We  found  my  relative 
there,  Samuel  A.  Foot,  of  Cheshire.*  The  legislature  were  in 
session,  and  he  was  the  speaker  of  the  lower  house,  and  Sen- 
ator elect  to  Congress.  He  called  to  see  me,  and  he  and  I 
had  a  pleasant  chat  together. 

Mrs.  Foot  and  I  walked  and  rode  all  over  New  Haven, 
then,  as  now  (1867),  a  beautiful  town.  We  did  not  reach 
Middletown  till  after  8  o'clock  P.M.  The  ride  from  New  Haven 
there  presented  nothing  of  interest.  We  passed  through  only 
a  couple  of  towns,  Northford  and  Durham.  The  latter  was 
on  high  ground  and  pleasantly  situated.  We  left  Middletown 
after  breakfast,  and  after  looking  at  the  seminary,  and  riding 
through  the  principal  streets.  It  is  a  handsome  place.  Wo 
then  went  to  Haddam  to  dinner.  From  Haddam  we  rode  on 
the  bank  of  the  Connecticut  river  to  Essex,  where  we  crossed 
it  and  went  to  Lyme,  which  we  reached  on  Saturday  evening, 
and  where  we  passed  the  Sabbath.  The  ride  from  Haddam 
was  delightful.  The  river  was  in  sight  all  the  way,  and  the 
views  beautiful.  I  attended  church  in  the  forenoon.  We 
found  Lyme  a  retired,  pleasant  town.  We  left  it  on  Monday 
morning  after  breakfast,  and  went  to  New  London,  and  from 
there  to  Charlestown,  in  Ehode  Island,  where  we  staid  over 
night.  We  took  the  road  nearest  to  the  ocean,  which  was  in 
sight  most  of  the  day.  The  next  day,  we  rode  from  Charles- 
town  to  Newport.  We  reached  the  ferry  opposite  the  latter 
place  at  noon.  We  crossed  Narragansett  bay  by  two  ferries. 
One  from  the  mainland  to  Cononicut  island,  across  which  we 
rode,  and  the  other  from  that  island  to  Newport.  The  coun- 
try through  which  we  passed  from  Lyme  to  the  ferry  was 
stony  and  sterile,  and  in  the  state  of  Ehode  Island,  destitute 
of  timber.  Newport  was  then  a  very  different  place  from 
what  it  is  now  (1867).  I  described  it  as  follows — 

•    *  His  middle  name  is  Augustus,  while  mine  is  Alfred. 


AND  COLLATEEAL  REMINISCENCES.  83 

"  Soon  after  our  arrival  we  took  a  long  walk  through  the  town 
and  went  into  the  cupola  of  the  court-house.  We  there  had  a 
full  and  clear  view  of  the  harbor.  It  is  spacious  and  beautiful. 
The  town  appears  like  a  deserted  village,  or  rather  one  which  soon 
will  be  deserted.  Almost  all  the  buildings  are  of  wood.  The  vil- 
lage appears  to  have  grown  up  suddenly,  and  all  the  buildings 
temporary.  Business  has  left  the  place." 

We  left  Newport  Wednesday  forenoon,  and  rode  to  the 
upper  end  of  the  island  of  Khode  Island.  This  ride  was 
beautiful.  The  bay  was  in  sight  all  the  way,  the  road  good, 
and  the  land  highly  cultivated.  We  stopped  awhile  and 
fished,  and  then  crossed  on  the  ferry  to  Bristol,  where  we 
dined.  Bristol  was  then  a  handsome  town.  In  the  afternoon, 
we  rode  to  Providence,  where  we  lodged.  The  next  morning, 
we  rode  over  the  city,  looked  at  the  College  for  Friends, 
Brown's  University  with  its  two  colleges,  Brown  Hall  and 
Hope  College,  and  several  other  objects  of  interest,  and  then 
proceeded  to  Dedham,  where  we  staid  over  night,  and  the  next 
morning  rode  to  Boston.  We  spent  five  days  in  that  city 
delightfully.  Our  friend  and  traveling  companion  in  1824, 
Josiah  Quincy,  Jr.,  devoted  almost  his  whole  time  to  us.  His 
father,  and  his  father's  family  were  very  kind  and  attentive 
to  us.  We  visited  them  and  they  visited  us  often.  My  friend 
Harmanus  Bleecker,  of  Albany,  gave  me  a  letter  to  Mr. 
Nathan  Appleton,  of  Boston,  which  I  presented.  He  and  his 
brother  William  and  their  families  were  also  attentive  to  us. 
We  attended  a  small  party  at  Mr.  N.  Appleton' s,  and  met 
there  several  interesting  gentlemen  and  ladies.  Our  friends 
gave  us  several  rides  in  the  environs  of  Boston,  which  were 
beautiful.  On  these  rides  we  visited  Cambridge,  looked  over 
the  College,  were  introduced  to  Professors  Farrar  and  Webster, 
looked  at  the  library,  the  mineralogical  specimens,  viewed 
the  botanical  garden,  and  Bunker  and  Breed's  hills. 

On  Tuesday  morning,  the  13th  of  June,  Mr.  Quincy  and 
I  went  to  the  town  of  Quincy  and  paid  our  respects  to  ex- 
President  John  Adams.  He  appeared  in  good  health  and  in 
possession  of  all  his  mental  faculties.  He  received  us  cordial- 


84  AUTOBIOGRAPHY 

ly,  conversed  pleasantly,  spoke  of  his  advanced  age,  and  re- 
peated paragraph  after  paragraph  from  Cicero's  De  Senectute* 
This  visit  was  the  crowning  gratification  of  my  journey  to 
Boston.  After  our  return  from  Quincy,  Mrs.  Foot  and  I 
called  and  took  leave  of  the  elder  Quincy  and  his  family,  and 
left  Boston  at  4  o'clock  P.M.  We  rode  to  Farmington,  where 
we  staid  over  night.  The  next  forenoon  we  passed  through 
the  beautiful  town  of  Worcester,  and  dined  at  Leicester. 
From  there  we  rode  in  the  afternoon  to  Ware  Village,  where 
we  lodged,  passing  through  the  towns  of  Spencer,  East  and 
West  Brookfield.  The  next  day  (Thursday)  we  drove  in  the 
forenoon  to  Hadley,  and  spent  the  afternoon  in  a  ride  and 
walk  to  Mount  Holyoke  and  crossing  the  river  to  Northamp- 
ton, where  we  staid  for  the  night.  We  left  Northampton 
early  the  next  morning,  dined  at  Worthington,  reached  Pitts- 
field  at  night,  and  lodged  there.  We  started  early  the  next 
morning  (Saturday,  June  18th),  took  the  road  which  carried 
us  hy  the  Shaker  village,  where  we  made  a  short  stop.  We 
arrived  at  home  at  2  o'clock  P.M. 

My  diary  contains  brief  notices  of  the  towns  and  country 
through  which  we  passed  in  this  journey  from  Boston.  My 
account  of  our  tour  closes  with  the  remark,  that  we  reached 
home  "  in  health  and  safety,  for  which  I  thank  my  Heavenly 
Father,  who  is  always  kind  and  merciful." 

Refreshed  and  invigorated  by  this  tour,  I  resumed  my  pro- 
fession and  studies  with  earnestness,  but  was  considerably 
interrupted  in  the  latter  part  of  June  and  fore  part  of  July 
by  more  than  usual  attention  to  social  duties.  We  had  a 
succession  of  visits  from  relatives  and  friends,  who  lodged 
with  us.  Our  house  was  filled  for  weeks. 

Mrs.  Foot  had  never  enjoyed  perfect  health  since  the  birth 
of  our  child.  In  the  hope  that  the  chalybeate  waters  of 
Ballston  Spa  would  be  of  service  to  her,  I  accompanied  her 
and  her  sister  there  on  Saturday,  the  15th  of  July,  and  took 
rooms  for  them  at  the  Sans  Souci.  They  remained  there  till 

*  He  died  on  the  4th  of  July  following. 


AND  COLLATERAL  REMINISCENCES.  85 

the  21st  of  August  following.  I  went  up  generally  on  Satur- 
day and  returned  early  on  Monday  morning.  We  usually  at- 
tended church  at  Ballston  Centre. 

The  Court  for  the  Correction  of  Errors  held  a  session  this 
year  in  the  month  of  September  in  the  city  of  New  York.  I 
attended  it  there  from  the  8th  to  the  20th  of  that  month. 
Mrs.  Foot  was  with  me  most  of  the  time.  We  had  our  usual 
social  enjoyments  while  in  the  city  in  visiting  and  receiving 
visits  from  our  friends. 

After  my  return  from  the  city,  I  was  able  to  pay  more  at- 
tention to  French  than  for  some  time  past.  Towards  the 
close  of  the  previous  year,  I  had  subscribed  for  a  French 
periodical  called  the  "Kevue  Encyclopedique,"  published 
monthly  at  Paris,  and  which  I  read  with  interest.  In  the 
number  for  May  was  an  article  relating  to  a  canal  project  in 
this  country,  which  I  translated,  and  sent  the  translation  to 
the  Albany  Daily  Advertiser  for  publication,  preceding  it  by 
a  favorable  notice  of  the  Keview  which  I  wrote  and  signed 
A.  B.  The  notice  and  translation  were  published  on  the  4th 
of  October,  and  is  No.  6  of  "  Papers  Written  by  me." 

Professional  engagements  took  me  again  to  New  York.  I 
spent  the  first  five  days  of  November  there,  and  nearly  all  my 
time  was  occupied  in  business  at  the  City  Hall.  While  read- 
ing this  month  my  French  periodical,  I  met  in  the  July  num- 
ber with  a  complimentary  notice  of  a  letter  written  by  Alex- 
der  Johnson,  Chief  Justice  of  the  island  of  Ceylon,  dated 
London,  26  May,  1825,  giving  an  account  of  the  introduction 
of  the  trial  by  jury  into  that  English  colony,  and  which  hav- 
ing been  translated  into  French,  was  published  in  full  in  that 
number  of  the  Kevue.  I  translated  the  letter  and  the  notice 
of  it  into  English,  and  handed  the  translation  to  my  neighbor 
and  friend,  Solomon  Southwick,  then  the  editor  of  the  Na- 
tional Observer,  for  publication,  and  with  it,  a  short  article, 
which  I  wrote,  and  signed  A.  B.,  to  precede  the  translation. 
They  were  published  in  the  Observer  early  in  December.  The 
article  and  translation  are  No.  7  of  "  Papers  Written  by  me." 
In  December,  1827,  I  met  with  the  letter  of  Chief  Justice 


SG  AUTOBIOGRAPHY 

Johnson  in  the  first  number  of  the  Jurist,  published  in  Lon- 
don, March  1827.  On  comparing  it  with  my  translation,  I 
was  surprised  to  see,  how  little  change  it  had  suffered  in  two 
translations. 

On  the  4th  of  December  of  this  year  (1826),  I  •  made  the 
following  entry  in  my  diary — 

"  My  habit  of  sleeping  six  hours  is  so  well  established  that  no 
effort  is  necessary  to  limit  my  sleep  to  that  time.  I  shall  not  here- 
after make  a  memorandum  of  the  time  spent  in  sleeping,  unless 
I  vary  from  my  usual  time."  *  *  *  I  have  not  for  a  long 
time  mentioned  how  I  have  spent  my  time  before  breakfast.  I 
do  not  know  how  I  have  fallen  into  this  omission.  To  let  me  see 
in  old  age,  if  I  am  spared  to  that  time  (as  by  the  goodness  of  God 
I  am),  that  since  I  determined  on  an  amendment  of  life,  I  have 
kept  my  promise  to  myself,  I  now  state,  that  for  at  least  a  year 
while  at  home,  my  mornings  have  been  passed  generally  in  writing 
my  diary,  devotions,  and  reading  Latin.  Hereafter  I  shall  men- 
tion the  morning  as  part  of  the  day  and  note  the  manner  of 
spending  it." 

Having  an  important  ejectment  cause  to  try  at  the  Otsego 
Circuit,  and  my  friend,  Mr.  Moss  Kent,  having  spent  the  early 
years  of  his  manhood,  and  having  several  intimate  friends  at 
Cooperstown,  the  shire  town  of  that  county,  we  left  Albany  in 
my  carriage  on  Friday  afternoon  the  15th  of  December  for  that 
place,  and  spent  the  following  week  there.  Mr.  Kent  passed 
his  time  with  his  friends,  and  I  mine  mainly  in  court.  Yet  I 
found  time  to  read  a  second  time  Cooper's  Pioneers,  at  this, 
the  scene  of  his  story,  and  to  visit  on  several  evenings,  and 
dine  with  Mr.  Kent's  friends.  I  made  several  interesting  ac- 
quaintances, and  spent  the  week  agreeably.  My  diary  con- 
tains names  and  details.  Mr.  Kent,  as  usual,  was  instructive 
and  entertaining. 

This  is  the  last  incident  of  my  year,  1826,  to  be  mentioned. 


AND  COLLATERAL  REMINISCENCES.  87 

1827. 

This  year  was  commenced  under  the  influence  of  feelings, 
which  are  shown  by  the  following  entry  in  my  diary — "  This 
day  begins  the  new  year,  and  I  thank  my  God  for  his  manifold 
mercies  during  that  which  has  passed.  The  possessions  of 
this  world  are  emphatically  vanities.  I  felt  it  to  be  so  yester- 
day, when  I  rode  to  church  for  the  first  time  in  my  life  in  my 
own  sleigh."  * 

I  continued  this  year  to  devote  my  time  to  my  profession, 
classical  studies,  general  reading  and  social  duties.  Politics, 
however,  occupied  more  of  my  time  and  thoughts  than  there- 
tofore. A  violent  opposition,  which  I  regarded  as  unjust,  was 
raised  against  the  administration  of  John  Quincy  Adams  by 
the  open  and  covert  supporters  of  General  Jackson.  The 
party  in  this  state,  which  began  with  the  name  of  "  Buck- 
tail,"  now  (January,  1827)  assumed  the  name  and  claimed  to 
be  the  Democratic  Republican  party.  Martin  Van  Buren  had 
been  active  and  efficient  in  creating  it,  and  was  acknowledged 
to  be  the  leader  of  it.  Although  neither  he,  nor  the  Repub- 
lican party  had  openly  taken  ground  in  favor  of  General  Jack- 
son as  the  next  President,  yet  it  was  known  by  those  ac- 
quainted with  the  political  undercurrents  of  the  state,  that 
Mr.  Van  Buren  and  his  friends  intended,  when  they  thought 
the  politic  time  had  arrived,  to  come  out  openly  against  Mr. 
Adams,  and  in  favor  of  General  Jackson.  Mr.  Clinton,  and 
such  of  his  friends  as  he  could  carry  with  him,  had  already 
indicated  their  intention  to  support  General  Jackson.  There 
were,  however,  in  the  Republican  party,  many  friends  of  Mr. 
Adams  and  his  administration,  yet  they  were  a  minority,  and 
in  a  Republican  caucus  to  nominate  a  Senator  to  Congress  in 
the  place  of  Mr.  Van  Buren,  whose  term  expired  on  the  4th 
of  March  then  next,  would  not  be  able  to  defeat  Mr.  Van 
Buren,  who  was  a  candidate  for  re-election.  General  Stephen 
Van  Rensselaer  was  nominated  by  the  avowed  friends  of  Mr. 

*  I  had  purchased  a  good  sleigh  at  the  beginning  of  this  winter. 


3g  AUTOBIOGRAPHY 

Adams.  Long  before  this  (January,  1827),  my  intention  not 
to  go  with  Mr.  Clinton  into  the  Jackson  ranks,  had  been 
openly  avowed  ;  so,  too,  my  disapproval  and  opposition  to 
Mr.  Van  Buren's  political  programme  and  methods  of  party 
management  were  well  known.  Under  these  circumstances  I 
could  do  little  or  nothing  openly  to  defeat  his  re-election  to 
the  Senate  of  the  United  States.  It  occurred  to  me,  however, 
that  I  might,  as  one  of  their  number,  present  considerations 
to  the  minds  of  those  Republicans,  who  wished  well  to  Mr. 
Adams  and  his  administration,  which  would  induce  them  to 
oppose  Mr.  Van  Buren's  re-election.  Under  these  circum- 
stances and  with  these  views,  I  wrote  in  the  latter  part  of 
January  and  caused  to  be  printed  confidentially,  the  pamphlet 
which  is  No.  8  of  "  Papers  Written  by  me."  A  copy  was 
laid  on  the  desk  of  each  member  of  the  legislature  a  few  days 
before  the  election  of  a  Senator  to  Congress,  which  occurred 
on  the  6th  of  February.  It  created  quite  a  sensation,  and 
seriously  alarmed  Mr.  Van  Buren  and  his  supporters.  Great 
efforts  were  made  to  find  out  the  author,  and  the  office  where 
it  was  printed^  but  without  success  ;  for  I  had  designedly  em- 
ployed an  obscure  printer,  who  faithfully  kept  my  secret. 

I  mention  this  incident,  not  to  commend  it  as  worthy  of 
imitation,  but  to  show  my  children  how  I  wrote,  and  how  por- 
tions of  my  time  were  employed.  The  motive  was  a  good 
one,  and  the  object  meritorious. 

My  profession  again  this  year,  during  the  months  of  Jan- 
uary, February,  March  and  April,  required  almost  all  my  time, 
and  to  such  an  extent,  as  to  interfere  considerably  with  my 
Latin  in  the  morning,  and  especially  my  French  in  the  after- 
noon and  evening.  Feeling  again  the  need  of  recreation,  Mrs. 
Foot  and  I  determined  to  spend  a  couple  of  weeks  in  a  ride 
and  visit  to  my  relatives  in  Connecticut.  We  left  Albany 
with  our  own  carriage  and  horses,  on  Friday  morning  the  20th 
of  April,  rode  that  day  to  Sheffield,  Mass.,  and  the  next  day 
to  Watertown,  Conn.,  to  the  old  homestead  then  owned  and 
occupied  by  my  brother  and  sister  Scovill.  After  spending  a 
week  with  them,  resting,  lounging,  walking  over  the  old  farm. 


AND  COLLATERAL  REMINISCENCES.  89 

riding  on  horseback,  visiting  and  receiving  visits,  we  took  my 
sister  Scovill  with  us,  and  spent  a  few  days  in  a  ride  to  Water- 
bury,  Middletown,  Hartford,  Farmington  and  back  to  Water- 
town.  We  passed  a  couple  of  days  more  there,  then  came 
home,  where  we  arrived  on  the  3d  of  May.  We  had  a  pleas- 
ant journey  and  visit.  I  came  back,  and  resumed  my  usual 
occupations  with  renewed  energy. 

Performing  devotions  and  writing  my  diary  in  the  morning 
before  breakfast  became  a  settled  duty  and  practice  with  me. 
After  mentioning  this  fact  in  my  diary,  under  the  date  of  the 
8th  of  May,  I  made  the  following  entry — "  It  will,  therefore, 
bo  unnecessary  to  mention  those  two  things,  as  they  may  be 
considered  as  done  every  morning,  unless  the  contrary  is 
stated/'  To  the  discharge  of  these  two  duties  in  the  morn- 
ing, I  have  steadily  adhered  from  that  day  to  the  present  (3d 
of  April,  1867),  and  shall  adhere  to  them,  as  long  as  a  gracious 
God  will  enable  me  to  do  so.  Many  years  since  I  commenced 
reading  a  portion  of  Scripture  in  the  morning,  and  have  read 
Scott's  Bible  through  with  all  his  "  Notes  "  and  "  Practical 
Observations,"  and  am  now  (April,  1867)  reading  Henry's 
Exposition  and  am  nearly  through  the  second  volume.  It  is 
my  intention  to  continue  this  reading  as  long  as  life  lasts. 

In  the  month  of  May,  an  atrocious  murder  was  committed 
in  Albany  upon  a  gentleman  by  the  name  of  Whipple,  by  a 
hired  man  in  the  family  by  the  name  of  Strang,  through  the 
instigation  and  procurement  of  the  \vife  of  Whipple. 

Mrs.  Whipple  and  Strang  were  indicted  for  the  murder. 
I  was  employed  by  the  Board  of  Supervisors  of  Albany  Coun- 
ty to  aid  the  District  Attorney  in  conducting  the  trials.  They 
excited  great  interest,  as  Mr.  Whipple  was  a  respectable  man, 
and  his  wife  connected  with  some  of  the  most  estimable  and 
respectable  families  of  Albany. 

Strang  was  tried  first.  His  trial  was  commenced  on  the 
25th  of  July,  and  terminated  in  his  conviction  on  the  27th. 
He  confessed  his  crime,  and  the  only  serious  question  in  his 
case  was,  whether  his  confession  was  admissible  in  evidence. 
He  was  defended  by  Thomas  J.  Oakley,  of  Poughkeepsie,  one 


90  AUTOBIOGRAPHY 

of  the  ablest  lawyers  in  this  state.  He  objected  to  the  testi- 
mony offered  of  Strang's  confession,  and  argued  the  question 
with  great  ability  and  learning.  I  answered  him.  The  trial 
was  published  in  pamphlet  form.  My  argument  in  answer  as 
given  in  that  pamphlet  is  No.  9  of  "  Papers  Written  by  me." 
My  argument  prevailed,  and  the  court  admitted  the  testimony. 

The  trial  of  Mrs.  Whipple  was  commenced  on  the  30th  of 
July,  and  resulted  in  her  acquittal  on  the  2d  of  August.  She 
was  defended  by  Abraham  Van  Vechten,  of  Albany,  and 
Elisha  Williams,  of  Hudson,  two  highly  distinguished  mem- 
bers of  our  bar.  There  was  only  one  important  question  in 
her  case — that  arose  on  the  admissibility  of  Strang  as  a  witness 
for  the  prosecution.  This  question  was  fully  argued  on  both 
sides,  but  the  arguments  have  not  been  preserved.  The  court 
decided  against  the  admissibility  of  Strang.  Mrs.  Whipple 
had  so  adroitly  managed  her  agency  in  the  crime,  that  with- 
out Strang's  testimony  there  was  not  evidence  sufficient  to 
convict  her. 

The  excitement  and  responsibility,  connected  with  these 
two  trials,  determined  me  never  again  to  take  a  part  in  a  trial 
involving  life  and  death  ;  and  I  never  have. 

Professional  engagements  in  the  Supreme  Court  took  me 
to  Utica  to  attend  the  August  term  of  that  court.  I  arrived 
there  on  the  evening  of  the  4th  and  remained  till  the  18th  of 
that  month.  My  time  in  court  was  usefully  and  profitably 
employed,  and  out  of  court  pleasantly  spent  in  social  inter- 
course as  theretofore  at  Utica.  Mrs.  Foot  joined  me  on  the 
16th  and  on  the  18th  we  left  Utica  for  Black  Lake  and  Og- 
densburgh  to  visit  my  sisters  Davies  and  York.  We  went  by 
stage,  stopped  at  Bossie  at  the  head  of  Black  Lake,  took  a 
canoe,  and  were  rowed  down  the  lake  to  the  residence  of  my 
brother  and  sister  Davies.  The  passage  down  the  lake  was 
delightful.  We  spent  a  week  very  agreeably  with  our  rela- 
tives at  the  Lake  and  Ogdensburgh.  We  arrived  at  home  on 
Tuesday  the  28th  of  August. 

Having  attained  about  all,  professionally  and  socially, 
which  lay  within  the  lines  of  my  personal  horizon  at  Albany, 


AND  COLLATERAL  REMINISCENCES.  91 

my  thoughts  began  to  range  round  for  other  and  wider  fields 
of  effort,  and  my  restless  and  unsatisfied  spirit  to  long  for  new 
objects  of  pursuit.  On  the  28th  of  September,  for  the  first 
time,  my  removal  to  the  city  of  New  York  was  the  subject  of 
conversation  between  Mrs.  Foot,  my  nephew  and  partner,  Mr. 
Edwards,  and  myself.  The  next  day,  Mrs.  Foot  and  I  talked 
of  a  voyage  to  Europe  the  coming  spring,  spending  a  year  or 
two  there,  then  returning  and  settling  in  New  York. 

On  Monday,  the  1st  of  October  we  went  down  to  West 
Point  to  visit  my  nephew,  Professor  Charles  Davies,  his  wife, 
her  parents,  Colonel  and  Mrs.  Mansfield,  and  other  acquain- 
tances. We  spent  a  couple  of  days  there  very  pleasantly. 
On  this  occasion  I  became  acquainted  with  General  Winfield 
Scott.  W^e  played  several  games  of  chess  together.  As  we 
often  met  afterwards,  played  chess  together  a  great  deal,  and 
spent  a  large  amount  of  time  in  each  other's  society,  I  will 
mention  this  commencement  of  our  acquaintance. 

From  West  Point,  Mrs.  Foot  and  I  went  to  New  York. 
We  spent  only  a  day  there.  My  object  in  going  was  to  see 
some  friends  respecting  a  removal  to  the  city.  We  came  home 
in  a  day-boat.  The  passage  up  the  river  was  delightful.  The 
day  was  pleasant,  the  autumnal  foliage  and  scenery  magnifi- 
cent. We  met  also  several  agreeable  acquaintances  on  board. 
The  day  after  our  return,  Mrs.  Foot  and  I  renewed  the  subject 
of  a  tour  to  Europe,  and  about  concluded  to  make  it  in  com- 
pany with  our  friend,  Mr.  Moss  Kent,  who  had  kindly  pro- 
posed to  join  us  in  it. 

As  time  passed,  the  political  contest  between  General  Jack- 
son and  his  supporters  on  the  one  side,  and  Mr.  Adams 
and  his  supporters,  among  whom  Mr.  Clay  was  pre-eminent, 
on  the  other,  increased  in  earnestness.  Towards  the  close 
of  October,  the  supporters  of  Mr.  Adams  determined  to 
hold  a  public  meeting  at  Albany  to  sustain  his  administra- 
tion, promote  his  re-election,  and  declare  the  principles  by 
which  they  were  governed.  This  meeting  was  held  at  the 
capitol  on  the  evening  of  the  30th  of  October,  and  a  series  of 
resolutions  adopted.  Most  of  these  resolutions  were  drawn  by 


92  AUTOBIOGRAPHY 

me,  the  others  by  Mr.  Jabez  D.  Hammond.  They  were  per- 
fected by  us  together.  I  took  an  active  part  in  getting  up 
the  meeting,  and  making  arrangements  for  holding  it. 

Another  measure  was  undertaken  by  the  supporters  of  Mr. 
Adams  and  friends  of  Mr.  Clay  in  the  following  month  of 
November  and  continued  into  December,  and  that  was  to  es- 
tablish at  Albany  an  able  paper  to  advocate  and  sustain  their 
principles.  In  this  I  also  took  an  active  part,  and  to  promote 
it  had  an  extensive  correspondence  with  friends  in  different 
parts  of  the  state. 

The  subject  of  a  protective  tariff  engaged  public  attention 
this  year.  As  the  time  for  the  meeting  of  Congress  (first 
Monday  of  December)  drew  near,  increased  interest  was  felt 
in  this  measure.  Mr.  Clay  was  a  leading  advocate  of  it.  I 
took  a  deep  interest  in  it,  had  frequent  conversations  respect- 
ing it  with  prominent  manufacturers,  who  were  my  clients  and 
friends,  conspicuous  among  whom  were  Benjamin  Knower, 
Elisha  Dorr  and  Mr.  Fowler,  my  father-in-law. 

Another  matter  also  engaged  my  attention  early  in  Decem- 
ber, and  that  was  the  appointment  of  my  friend  David  C. 
Judson  collector  of  the  port  of  Oswegatchie.  I  wrote  a  num- 
ber of  letters  to  members  of  Congress  and  others  to  accom- 
plish it. 

An  important  suit,  which  I  was  conducting  for  some  gen- 
tlemen in  Albany  (one  of  whom,  by  the  by,  was  one  of  those 
who  imprisoned  me  in  1814),  was  to  be  argued  before  the  Su- 
preme Court  of  the  United  States  at  Washington,  in  January 
then  next.  My  clients,  especially  the  one  just  alluded  to, 
wished  me  to  go  to  Washington  and  argue  it. 

Having  in  view  the  project  of  removing  to  New  York,  Mrs. 
Foot  and  I  left  home,  on  our  way  to  Washington,  on  the  13th 
of  December,  intending  to  stop  in  New  York,  pass  some  time 
there,  and  come  to  a  conclusion  in  regard  to  our  removal  to 
that  city.  We  took  lodgings  at  the  American  hotel.  In  my 
diary  of  the  18th  of  December  is  this  entry — "  Yesterday 
forenoon  I  formed  a  final  resolution  to  remove  to  this  city.  I 
commit  myself  to  my  Heavenly  Father  and  invoke  his  bless- 


AND   COLLATERAL   REMINISCENCES.  93 

ing  on  my  undertaking."  This  resolution  was  formed  on  my 
birthday,  the  day  on  which  I  became  thirty-seven  years  of 
age.  It  carried  with  it  a  postponement  of  our  contemplated 
tour  to  Europe  the  next  spring. 

The  idea  had  been  suggested  at  Albany  in  my  intercourse 
with  my  friend,  Moss  Kent,  that  if  I  removed  to  New  York, 
it  would  be  pleasant  to  us  all,  for  me  to  form  a  partnership 
with  his  nephew  and  my  former  clerk,  William  itent.  Ac- 
cordingly, as  soon  as  my  resolution  was  formed  to  remove  to 
the  city,  and  on  the  evening  of  the  same  day,  I  had  a  conver- 
sation with  Chancellor  Kent  in  reference  to  a  connection  in 
business  with  his  son.  The  next  day,  I  submitted  to  William 
proposals  in  writing  for  a  partnership,  to  commence  on  the  1st 
day  of  May  then  next,  and  addressed  to  him  the  following 
note,  which  I  insert,  that  my  children  may  see  my  mode  of 
accomplishing  objects. 
"  MY  DEAE  SIR— 

"  Your  father  has  probably  informed  you  of  the  conversation 
I  had  with  him  last  evening,  and  particularly  of  my  determination 
to  remove  to  this  city  in  the  Spring.  Having  resolved  after  long 
debate,  I  must  now  be  prompt  in  execution,  and  have  consequently 
sent  directions  to  Mr.  Edwards  for  a  sale  of  my  real  property  in 
Albany.  It  will  fetch  now  a  good  price.  Enclosed  is  my  proposal 
to  you,  which  you  may  entirely  reject,  or  offer  to  modify  without 
creating  any  unkindness  on  my  part.  Please  to  give  me  as  early 
an  answer  as  convenient,  for  I  wish  to  settle  on  my  partner  before 
I  go  on  to  Washington.  I  should  have  been  to  your  office  before 
this,  had  not  the  weather  been  so  terrible.  I  am  going  to  try  to 
read  some  to-day,  which  I  have  not  been  able  to  do  these  several^ 
days,  on  account  of  the  excitement  produced  by  deeply  consider- 
ing the  enterprise  which  is  now  resolved  on. 

"Yours  truly, 

"  SAM'L  A.  FOOT." 
«N.  Y.,  December  18,  1827." 

My  proposals  were  regarded  by  William  as  liberal  and 
were  accepted. 

Mrs.  Foot  and  I  remained  in  New  York  till  the  26th  of 
December.  We  spent  our  time  most  agreeably.  Our  friends 


94  AUTOBIOGRAPHY 

were  kind  and  attentive.  Our  social  advantages  and  enjoy- 
ments were  all  we  could  desire. 

We  left  New  York  for  Washington  on  the  26th  of  Decem- 
ber, at  12  M.,  in  company  with  Smith  Thompson,  an  associate 
Justice  of  the  Supreme  Court  of  the  United  States,  and  his 
lady,  Mrs.  Thompson.  Judge  Thompson  had  been  a  kind 
friend  to  me  from  the  commencement  of  my  profession.  We 
accompanied  him  and  Mrs.  Thompson,  on  their  invitation. 
We  left  New  York  in  a  steamboat,  which  took  us  to  New 
Brunswick  ;  there  we  took  carriages,  and  rode  to  Trenton, 
where  we  staid  over  night.  The  next  morning,  after  a  car- 
riage-ride'of  seven  miles,  we  took  a  steamboat  for  Philadelphia, 
where  we  arrived  at  10  o'clock  A.M.  We  took  a  parlor  to- 
gether at  the  United  States  Hotel.  This  journey  was  very 
pleasant. 

Judge  and  Mrs.  Thompson  remained  with  us  in  Philadel- 
phia a  couple  of  days,  when  they  left  for  Washington.  This 
being  Mrs.  Foot's  and  my  first  visit  to  Philadelphia,  and 
having  several  agreeable  acquaintances  there,  especially  Mr. 
Robert  Ralston,  the  father  of  Mrs.  Chester,  the  wife  of  the 
Rev.  John  Chester,  our  pastor  in  Albany,  and  his  family,  we 
concluded  to  remain  a  few  days  longer.  We  staid  till  the  2d 
of  January,  when  we  continued  our  journey  to  Washington. 
We  were  very  kindly  treated  while  in  Philadelphia,  and  spent 
our  time  most  agreeably.  Besides  the  enjoyment  of  refined 
associations,  we  visited  all  the  objects  of  interest  in  and  around 
Philadelphia.  My  diary  contains  full  particulars  of  every- 
thing. 

My  closing  remark  at  the  end  of  the  year  is  as  follows  : 

"  Thus  ends  the  year;  I  have  effected  but  little,  and  live 
in  hopes  that  I  shall  be  more  useful  the  next." 

1828. 

At  the  commencement  of  this  year,  Mrs.  Foot  and  I  were 
in  Philadelphia,  drawing  to  a  close  a  most  agreeable  visit 
to  that  city.  It  appears  from  my  diary,  that  I  was  oc- 


AND  COLLATERAL  REMINISCENCES.  95 

cupying  my  spare  time  in  reading  Scott's  "  Life  of  Napo- 
leon/3 and  his  "  Chronicles  of  Canongate."  On  Wednesday, 
the  2d  of  January,  we  left  Philadelphia  for  Washington.  To 
show  the  difference  between  the  way  and  time  of  getting  to 
Washington  then  and  now  (1867),  I  will  state,  that  we  took  a 
steamboat  at  Philadelphia  at  11  o'clock  A.M.,  which  carried  us 
to  New  Castle  at  3  o'clock  P.M.  There  we  took  a  stage  over  to 
Frenchtown,  where  we  again  took  a  steamboat,  which  carried 
us  to  Baltimore  at  3  o'clock  A.M.  the  next  morning.  From  the 
boat  we  went  to  Barnum's  hotel,  where  we  staid  a  couple  of 
days  for  the  purpose  of  taking  a  look  at  the  city  ;  but  the 
weather  was  too  bad,  and  I  had  such  a  bad  cold,  that  we  re- 
mained all  the  time  at  the  hotel,  except  an  hour  or  two  passed 
with  Mr.  H.  Niles,  the  projector  and  publisher  of  "  Niles' 
Register." 

Before  leaving  Albany,  I  engaged  to  write  to  Mr.  Dorr 
and  Mr.  Knower  if  any  thing  of  interest  in  regard  to  the  tariff 
fell  under  my  observation.  In  my  interview  with  Mr.  Niles, 
I  did  learn  some  things  of  deep  interest  on  that  great  question, 
and  wrote  to  Mr.  Dorr  a  letter  a  copy  of  which  is  No.  10  of 
"  Papers  Written  by  me." 

We  took  rooms  at  G-adsby's  hotel  in  Washington.  This 
was  our  first  visit  to  that  city,  and  we  went  there  under  very 
favorable  circumstances  for  passing  our  time  usefully  and 
pleasantly.  I  had  a  respectable  errand,  viz :  the  argument  of 
an  important  cause  in  the  Supreme  Court  of  the  United 
States.  Mrs.  Foot  became  acquainted  with  Mrs.  Adams,  the 
lady  of  the  President,  at  Ballston  Spa  in  the  summer  of  1826, 
and  received  from  her  a  cordial  invitation  to  visit  her,  if  she 
ever  came  to  Washington.  Judge  and  Mrs.  Thompson,  our 
friends,  were  there,  and  wished  to  make  this  our  first  visit  to 
the  capital  of  our  country  pleasant  to  us.  General  Stephen 
Van  Rensselaer  was  our  Representative  in  Congress  from 
Albany  County,  and  Mrs.  Van  Rensselaer  and  their  daughter 
were  with  him.  I  was,  politically,  a  supporter  of  Mr.  Adams 
and  his  administration.  Mr.  Jabez  D.  Hammond  of  Albany, 
a  prominent  politician,  supporter  and  friend  of  Henry  Clay, 


96  AUTOBIOGRAPHY 

then  Secretary  of  State,  gave  me  a  warm  letter  of  introduction 
to  him.  I  had  also  some  other  letters  of  introduction  to  gen- 
tlemen who  held  high  positions,  socially  and  politically,  at 
Washington.  Our  Senators  in  Congress  were  our  then  late 
Chancellor,  Nathan  Sanford,  and  Martin  Van  Buren,  with 
each  of  whom  we  were  well  acquainted,  and  with  the  former 
and  his  family  on  terms  of  intimacy.  Several  Representatives 
in  Congress  from  our  state  were  my  friends,  prominent  among 
them  was  Henry  E.  Storrs  of  Oneida  County,  and  Colonel 
Aaron  Ward  of  Westchester  County.  My  friend,  Hermanns 
Bleecker  of  Albany,  was  at  Washington,  the  same  time  we 
were.  He  had  been  some  years  before  a  Eepresentative  in 
Congress  and  was  favorably  known  at  Washington. 

Under  these  circumstances,  our  visit  to  Washington  was 
just  as  pleasant  and  instructive  as  it  could  be.  We  remained 
there  till  Monday  the  21st  of  January,  just  two  weeks  and  two 
days.  I  was  admitted  to  the  Bar  of  the  Supreme  Court  of  the 
United  States,  and  argued  my  cause  in  that  court,  with  Mr. 
Wirt,  then  Attorney  General  of  the  United  States,  for  an  op- 
ponent. The  case,  Dox  et  al.  vs.  the  Postmaster  General,  is 
reported  in  1st  Pet.  E.  318. 

Judge  Thompson  introduced  me  to  Chief  Justice  Marshall, 
and  the  Associate  Justices  of  the  court  ;  upon  each  of  whom 
I  called,  and  received  their  cards  in  return.  Chief  Justice 
Marshall's  card  was  in  his  own  autograph,  and  I  have  pre- 
served it  with  a  likeness  I  have  of  him.  Besides  the  profound 
respect  entertained  for  his  great  learning,  powerful  and  logical 
mind,  and  his  wonderfully  wise  and  sound  development  of  the 
constitutional  principles  of  our  government,  I  feel  an  affection- 
ate and  grateful  remembrance  of  his  kindness  to  me.  Al- 
though accustomed  to  speak  in  judicial  forums,  yet  when  I 
rose  to  commence  my  argument  before  that  august  tribunal, 
with  such  an  antagonist  as  William  Wirt,  I  could  not  but 
feel  abashed,  and  my  utterance  indicated  it.  The  Chief 
Justice  observing  it,  took  up  his  pen,  leaned  forward  as 
if  he  wished  to  hear  every  word,  expected  to  be  greatly  in- 
structed, and  desired  to  take  a  note  of  every  thought.  Thus 


AND   COLLATERAL   REMINISCENCES. 


S7 


encouraged  and  assured,  my  feelings  were  soon  calmed,  and 
my  argument  was  delivered  without  further  embarrassment. 

Most  of  our  time  at  Washington  was  occupied  in  receiving 
and  paying  visits,  and  attending  evening  and  dinner  parties. 
We  dined  at  the  White  House  with  the  President  and  Mrs. 
Adams,  and  met  there  a  distinguished  party,  among  them 
several  members  of  the  Cabinet  and  their  ladies.  We  were 
at  the  President's  several  times  and  always  received  most 
kindly.  Through  the  kindness  of  our  friend,  Mr.  Bleecker, 
we  became  early  acquainted  with  Le  Chevalier  Huygens,  the 
Minister  from  Holland,  and  his  family.  We  attended  an  even- 
ing and  dinner  party  given  by  them.  Their  dinner  party  was 
one  of  the  pleasantest  we  attended  at  Washington.  I  had 
several  interviews  with  Mr.  Clay.  We  were  invited  to  dine 
with  him  and  Mrs.  Clay,  but  a  previous  engagement  prevented 
us. 

A  full  account  of  the  civilities  we  received — of  the  distin- 
guished gentlemen  and  ladies  we  met — of  our  visits  to  the 
Capitol — the  debates  to  which  we  listened — the  churches  we 
attended — the  preachers  we  heard — and  the  objects  of  interest 
we  viewed,  would  make  a  small  volume.  If  my  children  desire 
terreadr-a  fuller  account  than  the  one  given  above,  they  will 
find  it  in  my  diary. 

On  our  return  we  stopped  a  day  at  Baltimore  to  view 
Washington's  monument,  which  we  ascended,  the  Koman 
Catholic  cathedral,  the  painting  in  it,  and  other  objects  of 
interest  in  the  Monumental  City.  We  reached  New  York  by 
the  same  modes  of  conveyance  we  were  carried  from  there ; 
but  from  New  York  to  Albany  we  traveled  by  land,  in  a  stage 
coach.  We  arrived  in  Albany  on  the  27th  of  January. 

The  concluding  entry  in  my  diary  refers  to  'this  winter 
journey  in  a  stage  coach  and  is  as  follows  :  "  Nothing  extra- 
ordinary occurred  on  the  road,  unless  it  be  the  safety  and 
comfort  with  which  we  made  so  long  a  journey  by  land,  in  the 
winter,  for  which  I  return  thanks  to  the  Euler  and  Governor 
of  all  things." 

On  reaching  home  I  re-commenced  my  usual  duties.     Al- 
7 


98  AUTOBIOGRAPHY 

though  my  profession  required  nearly  or  quite  all  my  time, 
especially  in  the  months  of  February,  March,  and  April,  yet  I 
could  not  forbear  feeling  a  deep  interest,  and  taking  an  active 
part  in  the  political  contest  then  going  on  in  the  country.  My 
visit  to  Washington  had  enabled  me  to  become  personally  ac- 
quainted with  Mr.  Adams  and  Mr.  Clay.  My  acquaintance 
with  them  enhanced  my  estimate  of  the  character  of  each. 
They  appeared  to  be,  what  I  believe  they  truly  were,  earnest 
patriots,  striving  to  promote  the  best  interests  of  the  country. 
This  belief  increased  my  interest  in  the  contest  and  stimulated 
me  to  action  in  their  support.  A  few  days  after  my  return 
from  Washington,  I  wrote  a  letter  to  Mr.  Clay,  giving  him  an 
account  of  political  affairs  in  this  state,  which  he  promptly 
answered.  These  letters,  mine  particularly,  were  not  then 
suitable  for  the  public  eye,  but  the  persons  named  have  all 
long  since  gone  to  their  rest,  and  there  can  be  no  objection 
now  (1867)  to  their  publication.  As  they  give  a  true  account 
of  political  parties  at  that  time,  and  show  the  movements  of 
parties  and  politicians  in  regard  to  the  tariff  passed  on  the 
19th  of  May,  1828,  which  caused  the  nullification  movement 
in  South  Carolina  in  1832,  I  will  give  them  in  a  note  to  this 


*AXBANY,  January  29,  1828. 

HON.  HENRY  CLAY. 

DEAR  Sra : — Mrs.  Foot  and  I  arrived  in  this  city  on  Sunday  evening 
last,  after  as  pleasant  a  journey  from  "Washington  as  could  have  been  ex- 
pected at  this  season  of  the  year.  I  have  seen  many  of  our  political 
friends,  and  of  course  received  full  accounts  from  them  of  the  present 
state  of  things.  Presuming  that  it  would  be  gratifying  to  you  to  receive 
it  as  given  to  me,  I  have  taken  the  liberty  to  trouble  you  with  a  letter. 
Our  new  paper  is  going  rapidly  into  circulation,  more  so  than  its  most 
zealous  supporters  anticipated.  It  haa  been  regularly  transmitted  to 
you  as  I  am  informed.  You  are  consequently  able  to  judge  of  its  useful- 
ness and  merits.  What  has  cheered  me  most  is  to  hear  our  judicious  and 
most  intelligent  friends  express  a  confident  opinion  that,  the  Jackson  party 
cannot  obtain  from  the  Legislature  a  nomination  of  President  and  Vice- 
President.  They  moreover  confidently  assert  that  so  much  distrust  pre- 
rails  between  the  friends  of  Mr.  Clinton  and  Mr.  Van  Buren,  each  fearing 


AND  COLLATERAL  REMINISCENCES.  99 

At  the  meeting  held  in  Albany  on  the  30th  of  October, 
1827,  which  I  have  already  mentioned,  a  committee  was  ap- 

that  the  other  will  obtain  the  lead,  that  they  can  agree  upon  and  carry 
nothing.  This  may  appear  very  strange  to  a  person  unacquainted  with 
our  politics,  but  does  not  surprise  me  who  am  well  acquainted  with  the 
bitter  animosity  existing  between  most  of  the  partisans  of  those  gentle- 
men. You  will  remember  I  mentioned  to  you  a  gentleman  by  the  name 
of  Benjamin  Knower  of  this  city,  the  father-in-law  of  our  Comptroller 
Mr.  Marcy,  and  stated  that  he  was  an  extensive  manufacturer  and  agricul- 
turist, and  that  without  his  aid  Mr.  Van  Buren  could  not  maintain  him- 
self in  this  state  six  months.  Among  the  earliest  things  I  heard  on  my 
return  was  Mr.  Knower's  dissatisfaction  at  the  course  pursued  by  the 
friends  of  General  Jackson  at  "Washington  relative  to  the  tariff.  Being 
on  friendly  terms  with  him  I  called  to  see  him  last  evening,  and  it  gives 
me  pleasure  to  inform  you  that,  he  gave  me  distinctly  to  understand  that 
if  the  friends  of  Jackson  in  Congress  from  this  state,  Pennsylvania,  and 
Kentucky  did  not  give  the  nation  a  tariff,  he  with  his  friends  (and  he 
named  among  them  several  of  Mr.  Van  Buren's  most  efficient  assistants) 
would  not  give  the  General  their  support,  and  would  break  up  the  system 
by  which  it  is  intended  to  fasten  him  on  their  party.  He  further  in- 
formed me  that  Mr.  Van  Buren  wrote  him  on  the  15th  inst.  insisting,  that 
the  friends  of  Jackson  in  Congress  from  the  states  mentioned  were  exert- 
ing themselves  to  obtain  a  fair  tariff;  that  the  statements  to  the  contrary 
were  factious  clamours,  and  that  he,  Mr.  Knower,  might  rely  on  it,  that  if 
ajtariff  was  not  given  this  session  to  the  nation,  it  would  not  be  the  fault 
of  the^friends  of  Jackson.  As  you  know  what  Mr.  Van  Buren  and  his 
associates  are  really  doing  in  this  respect  at  Washington,  you  can  form 
some  idea  of  what  is  called  "  tact"  in  politics  by  some  people.  Besides 
all  this,  our  friends  are  animated  and  encouraged  much  beyond  what  I 
expected  to  find  them,  and  you  know  my  expectations  were  not  of  the 
most  moderate  kind.  You  will  perceive  that  a  part  of  this  letter  is  con- 
fidential, and  of  course  take  care  that  it  is  not  used  to  my  injury. 
Mrs.  Foot  joins  me  in  kind  greetings  to  you  and  Mrs.  Clay. 
I  am,  Dear  Sir,  your  friend  and  servant, 

SAM'L  A.  FOOT. 

WASHINGTON,  2d  February  1828. 

DEAR  SIR: 

I  was  happy  to  learn  by  your  favor  of  the  29th  inst.,  that  Mrs.  Foot 
and  yourself  had  reached  Albany  in  safety.  You  were  fortunate,  in 
respect  to  vour  journey,  to  have  gotten  off  when  you  did. 

The  account  you  give  of  political  affairs  at  Albany  is  very  gratifying. 


100  AUTOBIOGRAPHY 

pointed  to  promote  the'  objects  of  it,  of  which  I  was  a  member. 
It  appears  from  my  diary,  and  my  correspondence  of  that 
period,  that  I  was  active  and  earnest  in  my  efforts  to  secure 
the  re-election  of  Mr.  Adams.  My  correspondence  on  that 
subject  with  our  members  of  Congress,  and  prominent  gentle- 
men, principally  of  the  Bar,  in  different  parts  of  the  state,  was 
quite  extensive,  and  must  have  occupied  considerable  of  my 
time. 

The  object  of  a  protective  tariff  was  not  only  agitated  in 
Congress,  but  absorbed  public  attention  in  the  winter  and 
spring  of  this  year.  A  committee^  of  which  I  was  a  member, 

Political  prospects,  all  around,  have  opened  brighter  with  the  new  year ; 
and,  I  assure  you,  we  are  much  cheered  with  them  here.  They  ought, 
however,  to  animate  us  to  fresh,  instead  of  occasioning  any  relaxation  in, 
patriotic  exertion. 

A  bill  has  been  at  last  reported  on  the  subject  of  the  tariff.  It  has 
been  probably  framed  under  an  expectation  that  it  would  be  defeated, 
in  consequence  of  the  number  of  objects  which  it  embraces,  and 
that  the  Jackson  party  would  be  able  to  attribute  its  defeat  to  the 
friends  of  the  administration.  In  that  design  I  hope  they  will  be  disap- 
pointed. The  Southern  politicians  in  Congress  would  prefer  the  passage 
of  any  tariff  bill,  however  extravagant,  to  the  defeat  of  their  Presidential 
candidate;  and  would  therefore,  if  they  could  with  safety  to  themselves 
at  home,  allow  the  proposed  bill  to  be  enacted,  without  any  very  strenu- 
ous opposition.  But  such  is  the  excitement  there,  that  they  will  feel 
bound  to  make  the  most  vehement  resistance  to  the  measure ;  and  I  do 
not  see  how  it  is  possible  for  the  Jackson  party  not  to  divide  on  that 
question. 

I  have  seen  your  new  paper,  which  is  regularly  sent  to  me.  It  ap- 
pears to  be  well  conducted.  Are  the  friends  of  the  administration  organ- 
izing themselves  ?  They  should  constantly  bear  in  mind  the  necessity  of 
co-operation  for  success  at  home,  and  demonstration  for  effect  abroad  as 
well  as  within  your  state.  My  fears  for  the  issue  to  New  York  of  the 
contest  will  not  be  entirely  quieted  until  I  hear  that,  the  system  which 
prevails  on  the  other  side  is  met  by  a  well-arranged  system  of  concert  on 
ours. 

Be  pleased  to  offer  my  best  respects  and  those  of  Mrs.  Clay  to  Mrs. 
Foot,  and  communicate  mine  also  to  Mr.  Hammond. 

Yours,  with  great  regard, 

H.  CLAY. 

S.  A.  FOOT,  Esq. 


AND  COLLATERAL  REMINISCENCES.  JQ1 

was  raised  in  Albany  early  in  February  to  promote  it.  Not- 
withstanding my  numerous  professional  engagements,  my  feel- 
ings were  so  thoroughly  enlisted  in  establishing  what  was  then 
generally  called,  the  "  American  system,"  that  I  devoted  some 
portion  of  my  time  to  it.  On  the  14th  of  March,  I  wrote  a 
short  article  on  the  subject,  which  was  published  in  the 
"  Albany  Morning  Chronicle/'  and  in  No.  11  of  "  Papers  Writ- 
ten by  me  ;  "  again,  two  days  afterwards,  I  wrote  a  longer 
article  on  the  same  subject,  which  was  published  in  the  Chron- 
icle on  the  17th  of  March.  It  is  No.  12  of  "  Papers  Written 
by  me." 

During  this  year,  opposition  to  Freemasonry  assumed  an 
important  position  in  the  politics  of  this  state.  It  arose  from 
the  deliberate  commission  of  a  great  crime  by  persons  holding 
respectable  and  influential  positions  in  society,  and  the  obsta- 
cles, which  the  secret  oaths  of  Freemasons  created,  in  the  ad- 
ministration of  justice,  and  especially  in  the  detection  and 
punishment  of  the  persons  engaged  in  committing  the  great 
crime  mentioned.  At  length  there  came  to  be  not  only  in  this 
state,  but  in  several  other  states  of  the  Union,  a  political 
party,  whose  only  platform  was  anti-Masonry,  and  whose  ob- 
ject-was,  the  destruction  of  Masonry,  and  as  a  means  to  that 
end,  the  exclusion  of  all  Masons  from  office.  Believing  that 
the  shocking  oaths,  which  the  members  of  the  Masonic  fra- 
ternity took,  on  entering  it,  we're  subversive  of  good  order,  im- 
pediments in  administering  justice  and  enforcing  execution  of 
the  laws,  and  also  encouraged  and  even  enjoined  the  commission 
of  murder,  I  became  an  anti-Mason,  and  did  what  I  could  to 
put  an  end  to  Masonry  in  this  country. 

There  was  another  matter  which  interested  me,  occupied 
my  thoughts  and  some  of  my  time  in  the  month  of  April,  and 
that  was,  the  promotion  of  my  friend  Judge  Walworth. 
There  was  first  a  prospect,  that  the  office  of  Chief  Justice  of 
our  Supreme  Court  would  become  vacant  by  the  appointment 
of  Chief  Justice  Savage,  Treasurer  of  the  United  States.  In 
that  case  I  wished  to  see  Judge  Walworth  occupy  the  position 
This  prospect  failed.  But  towards  the  close  of  the  month,  the 


102  AUTOBIOGRAPHY 

office  of  Chancellor  became  vacant,  by  the  appointment  of 
Chancellor  Jones  Chief  Justice  of  the  Superior  Court  of  the 
City  of  New  York.  This  opened  the  way  for  Judge  Wai- 
worth's  appointment  as  Chancellor,  which  he  obtained.  Al- 
though we  did  not  belong  to  the  same  political  party,  we  were 
friends.  Being  in  Albany,  I  was  able  to  keep  him  advised  of 
movements  there — and  thus  assist  him.  Our  correspondence 
shows  the  deep  interest  I  took  in  his  promotion. 

My  children  will  naturally  inquire,  why  I  took  such  an 
interest  in  the  advancement  of  this  gentleman.  The  answer 
is  found  in  my  gratitude  for  kindness  and  friendship  bestowed 
in  time  of  need.  In  1818,  a  professional  matter  of  little  mo- 
ment took  me  to  Plattsburgh,  at  the  time  the  Circuit  Court 
was  in  session  there.  Judge  Walworth  was  then  a  resident  of 
that  village,  and  in  full  practice  at  the  bar.  He  was  engaged 
on  one  side  or  the  other,  in  all  the  important  causes  tried. 
Although  we  had  then  only  a  casual  acquaintance,  he  inter- 
ested himself  in  my  behalf,  and  procured  retainers  for  me  in 
several  important  causes,  which  I  aided  in  trying,  and  after- 
wards argued  at  bar.  This  was  of  essential  service  to  me  at 
that  time.  I  did  not  forget  it  in  our  future  intercourse,  which 
became  intimate  and  extended  to  our  families. 

Amid  all  these  engagements  and  objects  of  interest,  I  was 
generally  able  in  the  morning  to  read  some  Latin,  almost 
always  the  Greek  Testament  on  Sunday,  but  only  seldom 
French  in  the  afternoon  and  evening,  and  sometimes  I  read 
French  in  the  morning  instead  of  Latin. 

On  Sunday,  the  13th  of  April,  I  completed  the  reading  in 
Greek  of  the  four  Gospels.  I  always  read  the  Greek  Testa- 
ment slowly,  carefully,  and  critically.  In  my  diary  of  that 
day,  the  fact  of  completing  the  reading  of  the  Gospels  is 
mentioned,  and  there  is  added  the  following  entry — 

"I  have  a  much  nearer  and  clearer  view  of  the  character  of  our 
Divine  Saviour,  than  I  have  ever  had  before." 

My  house  was  sold  before  I  returned  from  Washington, 
and  on  the  22d  of  April  our  furniture  was  sold.  On  the  after- 


AND  COLLATERAL  REMINISCENCES.  103 

noon  of  that  day,  Mrs.  Foot  and  I  left  our  house,  and  went  to 
Mr.  Fowler's,  where  we  staid  till  the  1st  of  May,  when  we 
removed  to  New  York.  In  my  diary,  written  the  morning 
after  we  left  our  house,  is  an  entry  in  the  following  words — 

"  I  thank  thee,  my  Heavenly  Parent,  for  the  many,  very  many, 
favors  we  have  received  from  thee  while  occupants  of  our  late  resi- 
dence, and  invoke  thy  hlessing  on  our  removal  and  enterprise 
connected  with  it,  and  especially  do  I  thank  thee,  for  the  spiritual 
favors  received  through  the  influence  of  thy  Holy  Spirit  during 
the  same  time.  Wilt  thou,  for  thy  Son's  sake,  continue  to  bestow 
them,  till  I  shall  become,  in  spirit  and  truth,  one  of  thy  chil- 
dren." 

We  took  a  suite  of  rooms  in  a  first-class  boarding-house, 
kept  by  Mr.  and  Mrs.  Storer,  at  No.  61  Broadway,  with  an 
arrangement  for  our  meals  to  be  served  in  our  parlor  when  we 
desired. 

Chancellor  Kent,  William  and  I  took  a  suite  of  rooms  for 
our  offices  in  Cedar  Street.  William  and  I  occupied  two,  and 
the  Chancellor  one.  The  Chancellor  had  no  connection  with 
us  in  business.  He  confined  himself  wholly  to  the  business  of 
chamber  counsel. 

Before  removing  to  the  city,  I  had  been  tendered,  and  re- 
ceived assurances  from  several  professional  friends,  who  limited 
themselves  to  office  business,  and  employed  counsel  to  conduct 
their  litigations  in  court,  that  I  should  receive  retainers  in  all 
cases  in  which  they  engaged  counsel  Among  these  profes- 
sional friends,  Colonel  John  Lorimer  Graham  was  prominent. 
He  was  then  the  senior  partner  of  the  law  firm  of  J.  L.  &  J. 
L.  Graham,  who  were  conducting  a  large  and  lucrative  busi- 
ness. These  assurances  were  realized  far  beyond  my  expecta- 
tions. They  brought  me  early  to  the  notice  of  the  bar  of  the 
city,  and  the  public  generally.  My  professional  engagements 
as  counsel  and  advocate  were  thus  increased  by  my  removal. 
But  another  occurrence  cast  a  volume  of  professional  business 
upon  our  firm,  quite  equal  to  our  ability  to  attend  to.  My 
friend,  Judge  Walworth,  was  appointed  Chancellor  in  April, 


104  AUTOBIOGRAPHY 

1828.  He  came  to  the  city  a  few  days  after  the  middle  of 
May,  to  hold  a  term  of  the  Court  of  Chancery,  which  com- 
menced on  the  fourth  Monday  of  that  month.  He  lodged  at 
the  same  house  with  us.  When  out  of  court  we  passed  a  good 
deal  of  time  together.  While  he  was  still  in  the  city,  holding 
the  term  of  his  court,  the  Franklin  Bank,  a  large  banking  in- 
stitution, failed.  On  the  application  of  our  firm,  he  appointed 
Chancellor  Kent  receiver.  The  business  of  the  bank  had  been 
so  carelessly  and  improperly  managed,  that  a  large  amount  of 
litigation  necessarily  arose  in  the  progress  of  closing  its  affairs, 
all  of  which  the  receiver  employed  our  firm  to  conduct.  From 
that  time  forward  my  profession  required  nearly  all  my  time. 
Still  I  read  Latin  occasionally  in  the  morning,  French  in  the 
evening,  the  Greek  Testament  always  on  Sunday,  and  em- 
ployed my  snatches  of  time,  not  appropriated  to  social  inter- 
course and  exercise,  in  general  reading. 

Chancellor  Kent  and  his  family  attended  the  First  Pres- 
byterian church  of  New  York,  commonly  called  the  "  Wall 
Street  church,"  of  which  the  Rev.  William  W.  Phillips  was 
pastor.  The  pastor  was  also  a  fellow-student  of  mine  in  col- 
lege. Mrs.  Foot  and  I  belonged  to  the  same  denomination  in 
Albany.  These  circumstances,  together  with  the  convenience 
of  the  location,  induced  us  to  take  a  pew  in  that  church.  After 
a  few  months,  Mrs.  Foot  took  her  dismission  from  the  Second 
Presbyterian  church  in  Albany,  and  united  with  that  in  Wall 
Street. 

On  the  31st  of  July,  Mrs.  Foot  and  I  left  the  city  for 
Albany, — she  to  make  a  visit  to  her  parents, — and  I  to  go  to 
Utica,  to  attend  the  term  of  the  Supreme  Court,  which  com- 
menced there  on  the  first  Monday  of  August ;  then  return,  to 
attend  a  term  of  the  Court  of  Chancery,  which  began  there  on 
the  fourth  Monday  of  that  month,  and  a  session  of  the  Albany 
Circuit,  held  there  early  in  September,  at  each  of  which  I  had 
a  number  of  causes  to  argue  and  try.  On  leaving  the  city  I 
concluded  my  diary  of  that  day  thus — "  We  leave  this  city  this 
morning  for  Albany,  contemplating  an  absence  of  several 
weeks.  Will  our  Heavenly  Father  take  us  into  his  kind  keep- 


AND   COLLATERAL   REMINISCENCES.  105 

ing,  preserve  us  during  our  absence,  and  restore  us  to  our 
home  again  in  health,  and  safety." 

We  returned  to  the  city  on  the  17th  of  September,  and  my 
diary  of  the  day  of  our  return  concludes  thus — "  Mrs.  Foot  and 
I  have  enjoyed  good  health  during  our  absence.  I  have  been 
wholly  occupied  with  professional  engagements,  and  to  a  much 
greater  extent  than  I  expected.  My  absence  has  been  a  pros- 
perous one.  For  these  many  blessings  and  marked  manifes- 
tations of  the  good- will  and  kind  care  of  our  Heavenly  Father 
towards  us  I  return  my  sincere  thanks,  and  humbly  entreat 
Him,  through  the  merits  of  our  dear  Redeemer,  to  forgive  our 
offences  and  become  reconciled  unto  us." 

Professional  engagements  took  me  again  to  Albany  on  the 
19th  of  October.  I  stopped  at  West  Point  on  my  way,  dined 
with  my  nephew,  Prof.  Charles  Davies.  Met  there  his  brothers, 
Henry  E.  and  Thomas  A.,  and  my  nephew,  John  F.  Lane,  also 
Colonel  Thayer,  then  superintendent  of  West  Point  Academy, 
Prof.  Courtnay,  and  others  ;  spent  four  hours  most  agreeably, 
and  then  proceeded  to  Albany,  where  I  was  constantly  en- 
gaged in  the  argument  of  causes  till  the  afternoon  of  the  3d  of 
November,  when  I  returned  to  the  city.  Mrs.  Foot  joined  me 
at  Albany  and  returned  with  me.  Again  on  the  1st  of  De- 
cember Mrs.  Foot  and  I  went  up  to  Albany,  she  to  make  her 
parents  a  short  visit,  and  I  to  argue  a  cause  in  the  Court  of 
Chancery.  We  were  absent  only  a  few  days. 

On  the  12th,  13th,  15th,  and  16th  days  of  this  month 
(December)  I  was  occupied  in  the  trial  of  an  important  cause 
in  the  Superior  Court.  Mr.  David  B.  Ogden,  then  the  leading 
member  of  the  bar  of  New  York,  was  my  opponent.  Our 
arguments  were  reported  and  published  in  the  Courier.  Mine 
was  so  imperfectly  reported,  that  I  prepared  a  correct  sketch 
of  it,  sent  it  to  the  editors  of  the  Courier  and  asked,  as  a  mat- 
ter of  justice  to  me,  to  have  it  published.  But  the  reporter, 
claiming  to  be  heard  in  vindication  of  his  report,  and  Mr. 
Ogden  telling  me,  that  he  had  long  since  given  up  all  hopes  of 
being  correctly  reported  ;  and  for  years,  to  avoid  being  vexed, 
had  not  read  any  newspaper  report  of  his  arguments,  I  with- 


106  AUTOBIOGRAPHY 

drew  my  request.  The  corrected  and  accurate  sketch  of  my 
argument  having  been  preserved,  will  be  found  among  "  Pa- 
pers Written  by  me,"  as  No.  13.  It  will  show  how  I  treated 
delicate  questions  arising  on  the  conflict  of  testimony. 

My  diary  of  the  17th  day  of  this  month,  being  my  birth- 
day, contains  the  following  entry : 

'•'  This  day  I  am  38  years  old.  I  return  thanks  to  my  Heavenly 
Father  for  the  many  favors  I  have  received  at  his  hands,  and 
especially  for  sparing  my  life  and  continuing  to  me  strength  of 
body  and  mind,  by  which  I  have  been  enabled  to  acquire  a  com- 
fortable fortune,  and  obtain  considerable  distinction  in  my  profes- 
sion. Do  not,  0  Lord,  now  abandon  me  to  myself,  but  continue 
to  exercise  over  me  thy  parental  care." 

As  specimens  of  the  manner  of  keeping  my  diary,  I  will 
copy  two  days,  one  an  ordinary  day,  and  the  other  the  last  day 
of  this  year : 

"  December  18th,  Thursday. — Eead  a  few  lines  in  French  yes- 
terday morning,  also  the  newspapers.  Spent  the  forenoon  till  one 
o'clock  at  the  office,  then  called  to  see  General  James  Talmadge, 
Mr.  and  Mrs.  Hudson,  Mr.  and  Mrs.  James  McGregor,  jr.  Mrs. 
Foot  was  with  me.  Passed  the  afternoon  at  the  office,  principally 
in  conversation,  and  the  evening  at  home  and  Chancellor  Kent's. 
Read  Jacob  Barker's  pamphlet,  and  Pelham,  while  at  home. 
Passed  a  pleasant  hour  at  Chancellor  Kent's.  Mrs.  Foot  was  with 
me." 

"  1829,  January  1. — Read  French  and  the  newspaper  yesterday 
morning.  Spent  the  forenoon  at  the  office  in  business  and  reading 
law,  the  afternoon  at  home  reading  Russell's  Tour  in  Germany,  and 
the  evening  in  the  same  way,  and  in  Mre.  Pyne's  room  playing 
whist  and  conversing.  We,  viz.  Mrs.  Foot  and  myself,  met  there 
several  of  the  family  and  passed  a  tolerably  pleasant  evening.  An- 
other year  of  my  life  has  gone,  and  I  almost  reproach  myself  for 
the  little  good  I  have  done.  Should  my  life  and  health  be  spared 
for  another  year,  I  trust  I  shall  not  be  obliged,  at  the  end  of  it,  to 
condemn  myself  so  severely  as  I  do  this  day." 

My  diary  shows  throughout,  as  the  few  extracts  presented 
do,  how  constantly  I  was  dissatisfied  with  myself,  and  how 


AND  COLLATERAL  REMINISCENCES.  107 

short  I  fell  of  my  own  standard  of  duty,  notwithstanding  my 
persevering  efforts  to  live  up  to  it. 


1829. 

My  time  this  year  was  fully  employed  ;  very  little,  if  any 
of  it,  was  wasted.  My  profession  demanded  the  principal  part 
of  it.  In  that  I  had  full  occupation,  and  was  even  offered 
more  retainers  than  I  could  accept.  The  following  entry  ap- 
pears in  my  diary  under  date  of  the  19th  May  : 

"  I  was  offered  a  professional  engagement  yesterday,  which  I 
could  not  undertake,  in  consequence  of  having  so  many  on  hand. 
This  is  more  than  I  expected,  and  more  than  I  deserve.  The 
kindness  of  my  Heavenly  Father,  who  giveth  all  things,  as  well 
temporal  as  spiritual,  is  beyond  measure.  May  he  forgive  my  in- 
gratitude. I  ask  it  in  the  name  and  for  the  sake  of  my  dear 
Redeemer." 

Social  duties,  an  active  correspondence  with  relatives  and 
friends,  exercise,  and  a  little  needed  recreation  necessarily 
occupied  portions,  though  comparatively  small  portions,  of  my 
time.  Far  the  largest  part  of  these  portions  of  time  was  occu- 
pied in  social  duties.  Latin  and  French  too  were  not  wholly 
laid  aside,  nor  was  general  reading  entirely  neglected.  In  all 
the  mornings  of  January,  February,  and  March  I  read  French, 
and  at  other  times  during  the  year  as  occasional  opportunities 
offered,  both  French  and  Latin,  and  always  on  Sunday  when 
at  home  the  Greek  Testament.  I  read  the  newspapers  regu- 
larly every  day,  and  generally  in  the  morning.  Snatches  of 
time  in  and  out  of  court,  and  now  and  then  late  hours  at 
night,  when  a  book  or  subject  particularly  interested  me,  were 
devoted  to  general  reading.  On  looking  over  my  diary  for 
this  year,  I  was  surpised  to  see  how  much  general  reading 
was  thus  accomplished.* 

*  I  read  in  the  month  of  February,  which  was  a  fair  average  of  the 
year,  the  following  books  :  Douglass,  a  tragedy— The  Poor  Gentleman— 


108  AUTOBIOGRAPHY 

I  was  obliged  to  limit  the  time  given  to  social  intercourse. 
In  my  diary  of  the  23d  of  January  is  this  entry — "  We  were 
invited  to  a  party  last  evening,  but  in  pursuance  of  our  resolu- 
tion not  to  mix  with  and  spend  our  time  in  general  society,  we 
sent  an  apology."  This  simply  means,  that  we  resolved  to 
avoid  the  round  of  large  fashionable  parties  given  in  the  city, 
aud  restrict  our  social  intercourse  to  the  educated  and  refined, 
in  small  social  gatherings. 

As  we  lived  near  the  Battery,  then  a  beautiful  place,  most 
of  my  exercise  was  taken  in  walking  on  it.  Mrs.  Foot  gener- 
ally accompanied  me,  and  many  refreshing  and  happy  walks 
did  we  have  there.  We  often  met  friends,  who  joined  us,  and 
with  whom  we  had  many  pleasant  chats.  Their  names  are  all 
down  in  my  diary.  If  my  children  look  at  them  they  will  find 
them  to  have  been  eligible  associates. 

The  only  recreation  I  allowed  myself  during  the  year,  was 
a  visit  in  June  to  our  relatives,  Prof,  and  Mrs.  Horace 
Webster,  at  Geneva.  We  (Mrs.  Foot  and  myself,)  were  there 
only  four  days,  but  it  took  us  four  days  to  go  and  four  to  re- 
turn ° — a  visit  of  three  days  near  the  end  of  July  to  our  rela- 
tives, Prof,  and  Mrs.  Charles  Davies,  at  West  Point,  and  a 
couple  of  days,  viz.,  the  3d  and  4th  of  August,  passed  at 
Kockaway. 

Considerable  portions  of  my  time  were  passed  in  profes- 
sional business  out  of  the  city.  I  was  at  Albany  from  the 
20th  of  March  to  the  23d  of  April,  and  during  that  time  was 

She  Stoops  to  Conquer,  plays— Several  numbers  of  Johnson's  Rambler 
and  Idler — Johnson's  "  Review  of  a  Free  Inquiry  into  the  Nature  and 
Origin  of  Evil,"  written  by  Soame  Jenyns — Johnson's  Lives  of  Admirals 
Blake  and  Sir  Francis  Drake — His  "  False  Alarm  " — His  Lives  of  Samuel 
Butler  and  Sir  John  Denham,  and  his  pamphlet "  Taxation  No  Tyranny  "— 
Murphy's  Life  of  Johnson — The  Appeal  of  H.  G.  Otis  and  others  to  the 
People  of  the  United  States,  in  answer  to  President  Adams'  letter  to  them 
on  their  call  for  proof  relative  to  his  communications  to  Mr.  Jefferson  in 
1808— and  Disowned,  a  novel. 

*  Now  (1867),  the  time  of  travel  between  New  York  and  Geneva  is 
thirteen  hours.  What  a  difference ! 


AND  COLLATERAL  REMINISCENCES.  109 

almost  daily  engaged  in  court — again  I  passed  three  days  in 
August,  the  10th,  llth,  and  12th,  there,  in  the  argument  of  a 
cause  in  the  Court  of  Chancery,  and  again,  on  the  23d  of  that 
month,  went  there  to  attend  the  Court  of  Chancery  and  the 
Court  for  the  Correction  of  Errors,  and  was  occupied  there  a 
fortnight. 

Mrs.  Foot  and  I  became  very  tired  of  living  at  lodgings, 
although  we  were  in  a  pleasant  house,  had  a  handsome  suite 
of  rooms,  and  met  there  agreeable  company.  We  did  not 
have,  however,  the  sweets  of  home,  as  we  had  enjoyed  them  in 
Albany,  and  longed  for  them.  After  a  long  talk  together  on 
Wednesday,  the  5th  of  August,  we  determined  to  rent  a  house 
in  the  city,  and  buy  a  place  in  the  country.  Having  formed 
our  resolution,  I  carried  it  promptly  into  execution.  It  has 
been  my  endeavor  in  life,  to  form  my  resolutions  on  full  con- 
sideration, but  when  once  formed,  to  carry  them  out  promptly. 
I  leased  a  handsome  three-story  brick  house,  No.  88  Green- 
wich Street,  then  in  the  court  end  of  the  city.  The  best 
families  then  resided  in  that  vicinity.  Mrs.  Foot,  with  some 
assistance  from  me,  purchased"  the  furniture  we  needed,  and 
put  our  house  in  order.  We  moved  into  it  on  Saturday  after- 
noon, the  3d  of  October.  I  made  inquiries  for  a  place  in  the 
country.  Wo  looked  at  quite  a  number  during  the  autumn  of 
this  year  and^the  spring  of  next  year,  but  rinding  none  to  suit 
us,  we  gave  up  the  idea  of  a  country  residence. 

After  we  had  decided  to  give  up  lodging  and  commence 
housekeeping,  I  concluded  to  change  the  character  of  my 
diary,  and  on  the  16th  of  August  made  an  entry  in  it  in  the 
following  words — 

"  My  habits  being  now  fixed,  to  regulate  which,  I  principally 
began  and  have  continued  this  journal,  I  have  concluded  to  alter 
the  plan  of  it,  and  hereafter  shall  not  go  so  much  into  detail.  I 
shall  endeavor  to  make  it  for  the  future,  a  tolerably  accurate  his- 
tory of  my  mind,  both  as  it  respects  acquirements  and  my  own 
thoughts.  It  will  probably  assume  more  the  character  of  a  com- 
mon-place book." 


HO  AUTOBIOGRAPHY 

I  followed  this  plan  for  a  few  months  and  until  the  1st  of 
November,,  and  then  returned  to  the  former  mode  of  keeping 
my  diary.  My  entry  on  that  day  is  as  follows  : 

"  The  satisfaction  of  looking  back  on  daily  occurrences  has 
induced  me  again  to  re-commence  my  diary  and  write  it  daily 
as  formerly." 

My  practice  as  a  counsellor-at-law  became  so  large,  that  I 
was  unable  to  give  much  attention  to  the  attorney's  business 
transacted  in  the  office.  The  burthen  of  that  fell  on  my  junior 
partner,  Mr.  William  Kent.  He  was  a  scholar,  a  gentleman, 
and  a  well-educated  lawyer,  but  he  was  not  as  efficient  and 
thorough  in  the  dispatch  of  business  in  the  office,  as  my  large 
practice  required.  This  was  so  obvious  in  the  autumn  of  this 
year,  that  I  felt  constrained  to  propose  a  dissolution  of  our 
firm.  We  conferred  on  that  subject  near  the  close  of  Novem- 
ber. After  a  full  and  friendly  interchange  of  views,  we  agreed 
to  dissolve  our  partnership  on  the  1st  of  May  following.  We 
made  this  arrangement  pleasantly,  and  without  any  diminu- 
tion of  our  friendship  and  mutual  respect. 

The  state  of  my  religious  feelings  this  year  will  appear 
from  several  extracts  in  my  diary : 

Monday,  9th  February. — After  an  account  of  the  manner,  in 
which  the  Sabbath,  the  day  before,  had  been  spent  "  The  day 
was  poorly  spent,  with  the  exception  of  the  time  devoted  to  the 
reading  of  the  Testament.  My  thoughts  were  entirely  on  the 
world  while  in  church,  and  for  a  large  portion  of  the  time  out  of 
it  I  hope  my  Heavenly  Father  will  pardon  my  offences,  for  the 
sake  of  His  Son,  my  Saviour,  and  that  he  will  aid  me  by  his  grace 
to  subdue  the  evil  propensities  of  my  heart." 

"  Friday,  May  1. — This  day  completes  one  year  of  my  residence 
in  New  York.  My  success  in  my  profession  has  far  exceeded  my 
expectations.  For  my  great  prosperity,  and  Mrs.  Foot's  and  my 
continued  health  during  the  year,  I  return  sincere  thanks  to  my 
Heavenly  Father,  and  pray  him  to  take  us  into  his  kind  keeping 
and  guide  and  direct  us  through  the  coming  year." 

"  Saturday,  October  3  (the  day  we  moved  into  our  house). — I 
return  thanks  to  my  Heavenly  Father  for  having  again  given  me 


AND  COLLATEKAL  REMINISCENCES.  m 

a  home,  surrounded  with  all  the  comforts  that  man  can  reasonably 
require." 

"  Thursday,  December  17th  (my  birth-day).— I  thank  my  Heav- 
enly Father  for  having  given  me  life  for  so  many  years,  and  for 
having  bestowed  upon  me  the  temporal  blessings  which  I  enjoy. 
I  commit  myself  and  all  who  are  dear  to  me  into  his  hands,  having 
full  and  entire  confidence  in  his  justice  and  mercy." 

Notwithstanding  my  efforts  to  discharge  my  duties  to  God 
and  man,  I  found  cause  almost  daily  to  accuse  myself  of  delin- 
quency., and  often  resolved  on  amendment.  To  admonish  my- 
self of  my  delinquencies,  and  aid  me  to  keep  my  resolutions,  I 
entered  them  in  my  diary.  The  following  are  specimens  : 

"January  5th,  Monday. — Notwithstanding  my  resolution,  I 
kept  the  first  Sabbath  of  the  year  poorly,  in  comparison  with  what 
I  might  have  done." 

"  January  llth,  Wednesday. — I  am  so  inclined  to  sleep  lately 
that  I  can  scarcely  keep  from  dozing  over  the  most  interesting 
books.  I  fear  I  indulge  my  appetite  too  much,  and  am  resolved 
to-day  to  amend  in  that  respect." 

"February  2d. — My  thoughts  were  yesterday  generally  in  a 
proper  direction,  though  a  portion  of  the  time,  they  were  very  dif- 
ferent from  what  they  should  have  been.  I  allowed  myself  to  be- 
come angry  for  omission  to  furnish  our  servant  with  her  meals  as 
agreed.  'Anger/  says  the  wise  man,  'resteth  in  the  bosom  of 
fools.'" 


183O. 

My  time  this  year  was,  in  the  main,  fully  occupied,  yet  I 
needed  and  allowed  myself  more  hours  of  rest  than  in  the  pre- 
ceding year.  Several  spells  of  slight  illness  also  detained  ine 
for  short  periods  from  my  usual  avocations,  and  in  the  sum- 
mer, I  required  and  took  a  month  for  recreation.  My  profes- 
sional engagements  this  year  were  generally  of  a  higher  order 
than  theretofore.  I  was  often  employed  in  the  argument  of 
causes  of  the  first  importance,  and  against  opponents  in  the 


H2  AUTOBIOGRAPHY 

first  rank  of  the  profession.  Preparation  for  these  arguments 
required  long,  laborious,  and  intense  application  to  professional 
studies  and  investigations,  and  their  delivery  called  out  my 
greatest  efforts.  These  were  exhausting,  sometimes  producing 
slight  illness,  and  rendered  rest,  for  longer  or  shorter  periods, 
imperative. 

While  the  principal  part  of  my  time  was  devoted  to  my 
profession,  yet  a  considerable  portion  of  it  was  given  to  social 
duties  and  enjoyments.  Being  housekeepers,  and  having  a 
large  circle  of  relatives,  friends,  and  acquaintances,  we  enter- 
tained a  good  deal ;  not  by  giving  costly  and  sumptuous 
entertainments,  but  by  social  gatherings,  at  dinner,  supper, 
and  tea,  and  occasionally  at  breakfast.  This  led  us  out  fre- 
quently to  social  evening  parties,  and  me  often  to  dinner 
parties. 

My  general  reading  was  pursued  as  time  and  opportunity 
offered,  though  not  to  the  extent  it  was  in  the  previous  year. 
Latin  and  French  received  from  me  this  year  little  or  no  at- 
tention. On  the  Sabbath,  I  usually  read  "  The  Observer,"  a 
religious  paper,  a  few  verses  and  sometimes  a  whole  chapter  in 
the  Greek  Testament,  and  frequently  a  page  or  two  in  the 
Kev.  Matthew  Henry's  "  Exposition  of  the  Old  and  New  Tes- 
tament," a  copy  of  which  Mrs.  Foot  purchased  in  March. 
I  read  the  newspapers  regularly  and  generally  in  the  morning. 

Politics  occupied  more  of  my  time  and  thoughts  this  year 
than  ever  before.  The  opponents  of  Freemasonry  had  become 
a  strong  and  active  party,  termed  "  Anti- Masonic."  A  fuller 
account  of  the  origin  and  progress  of  this  party  than  I  have 
already  given  in  these  pages,  will  be  found  in  "  Hammond's 
Political  History  of  New  York  "  (see  Chapter  28).  I  of  course 
read  everything  published  on  this  subject,  and  my  opposition 
to  Freemasonry  became  deep  and  earnest,  being  fully  satisfied 
that  the  oaths  of  the  Masonic  fraternity  endangered  the  peace 
and  safety  of  the  community,  and  were  especially  obstructive 
to  the  administration  of  justice.  I  was  an  active  member  of 
the  "  Anti-Masonic  "  party,  and  labored  earnestly  for  its  sue- 


AND  COLLATERAL  REMINISCENCES.  H3 

At  an  Anti-Masonic  convention,  held  at  Albany,  on  the 
25th  of  February,  I  was  "  appointed  a  delegate  to  represent 
the  state  of  New  York  in  a  National  Convention,  to  be  held 
at  Philadelphia  on  the  llth  day  of  September  next." 

The  secretary  of  the  convention,  in  his  letter  communica- 
ting my  appointment,  stated,  that  it  was  the  wish  of  the  con- 
vention that  I  should  accept  the  appointment  and  attend  the 
National  Convention.  In  my  answer,  I  accepted  the  appoint- 
ment, and  said  I  would  "  attend,  if  indispensable  engagements 
do  not  prevent  me.  Our  Court  of  Errors  will  be  in  session  at 
that  time,  and  causes  in  which  I  am  employed  as  counsel  may 
be  under  argument ;  if  so,  it  will  be  difficult  for  me  to  leave 
the  city." 

An  Anti- Masonic  convention  was  held  at  Utica,  early  in 
August,  to  nominate  candidates  for  Governor  and  Lieutenant 
Governor.  The  general,  if  not  universal,  opinion  of  the  party 
was  in  favor  of  the  nomination  of  Mr.  Francis  Granger,  of 
Canandaigua,  for  Governor,  and  the  leaders  of  the  party  were 
canvassing  the  names  of  prominent  gentlemen  in  the  eastern 
part  of  the  state  for  a  candidate  for  the  office  of  Lieutenant 
Governor. 

Mrs.  Foot  and  I  left  the  city  for  my  month's  recreation  on 
the  24th  of  July.  A  day  or  two  before  we  left,  a  committee  of 
the  delegation  from  the  city  of  New  York  to  the  Utica  Con- 
vention waited  upon  me,  and  asked  permission  to  present  my 
name  to  the  convention  as  a  candidate  for  the  office  of  Lieu- 
tenant Governor.  I  hesitated  about  giving  it,  for  if  elected, 
the  duties  of  the  office  would  greatly  interfere  with  my  pro- 
fession, and  be  a  serious  injury  to  me.  The  committee  urged 
the  matter  upon  me,  mainly  on  the  ground,  that  I  was  the 
most  prominent  member  of  the  party  in  the  eastern  part  of  the 
state,  and  mine  was  the  only  name  they  could  unitedly  and 
satisfactorily  present.  Thus  urged,  I  reluctantly  assented  to 
the  presentation  of  my  name.  It  was  not,  however,  presented. 
The  convention  selected  for  that  office  Mr.  Samuel  Stevens,  of 
the  city  of  New  York,  a  highly  respectable  gentleman,  but  not 
a  member  of  the  Anti-Masonic  party. 


114  AUTOBIOGRAPHY 

Jabez  D.  Hammond,  the  author  of  the  "  Political  History  of 
New  York,"  was  an  active  political  manager  in  this  state,  and 
a  member  of  the  Anti-Masonic  party.  He  wrote  me  a  letter 
on  the  17th  of  August,  in  which  he  spoke  cheeringly  of  the 
nominations  at  Utica,  and  of  the  prospect  of  electing  the  nomi- 
nees. He  remarked  in  this  letter  :  "  I  had  hoped  to  have 
had  the  pleasure  of  giving  you  my  vote  for  Lieutenant  Gover- 
nor, but  must  deny  myself  that  gratification  for  the  present/' 

Mrs.  Foot  and  I  returned  to  the  city  on  the  21st  of  August, 
and  on  that  day  I  answered  Mr.  Hammond's  letter  as  follows  : 

"  On  my  arrival  in  the  city  to-day,  I  had  the  pleasure  of  rind- 
ing your  letter  of  the  17th  inst.  I  am  happy  to  hear  that  the 
nominations  made  by  our  friends  at  Utica  are  so  well  received, 
and  that  the  prospect  of  success  is  as  fair  as  you  represent.  I  had 
not  supposed,  that  the  convention  would,  or  could,  go  out  of  the 
Anti-Masonic  party  for  candidates ;  indeed  such  a  course  had  not 
entered  my  mind,  as  one  at  all  probable,  and  I  shall  not  yield  to 
the  policy  of  it,  till  the  event  shows  its  correctness.  The  selection 
for  Lieutenant  Governor  is  highly  judicious,  if  the  policy  was  wise 
to  go  out  of  the  party  for  a  candidate ;  but  such  steps  in  politics 
have  always,  in  this  state,  and  without  a  single  exception  to  my 
recollection,  been  frowned  upon  by  the  people. 

"  Concerning  Mr.  Granger's  nomination,  there  is  but  one  opin- 
ion, and  of  Mr.  Stevens  I  can  say,  he  is  a  most  worthy  and  excel- 
lent man,  and  having  consented  to  receive  a  nomination,  he  will, 
of  course,  act  with  the  friends  who  elect  him,  and  I  shall  sup- 
port the  ticket  with  zeal. 

"  As  to  my  nomination,  all  I  know  about  it,  is,  that  a  commit- 
tee from  the  New  York  delegation  called  upon  me  the  day  before  I 
left  the  city,  stated  that  the  delegation  had  appointed  them  to  in- 
quire of  me  if  I  would  consent  to  be  a  candidate  for  Lieutenant 
Governor.  I  answered,  in  substance,  that  an  election  would  be 
seriously  injurious  to  me,  yet  I  hardly  felt  at  liberty  to  deny  the 
use  of  my  name  if  the  convention  desired  it,  and  upon  the  whole 
would  say,  that  if  no  other  gentleman  could  be  found,  who  would 
answer  the  exigency  of  the  party,  they  might  use  me,  but  only  as 
a  dernier  resort 


AND  COLLATERAL  REMINISCENCES.  115 

«I  since  learn,  that  Mr.  Weed  heard  of  this,  thought  my  nomi- 
nation would  not  answer,  came  down  to  this  city  and  persuaded 
the  delegation  to  take  up  Mr.  Stevens.  In  this  he  has  done  me  a 
personal  favor,  and  perhaps  the  party,  an  essential  service." 

A  week  or  two  after  writing  this  letter  to  Mr:  Hammond, 
I  was  informed,  and  no  doubt  correctly,  that  the  managers  of 
the  party,  or  rather  I  should  more  correctly  say,  that  the 
manager  of  the  party,  Thurlow  Weed,  then  the  editor  of  the 
"  Albany  Journal/'  the  leading  paper  of  the  party,  deemed  it 
more  politic,  as  Anti- Masonry  was  greatly  in  the  minority  in 
the  eastern  part  of  the  state,  to  nominate  a  gentleman  from 
that  part  of  it  who  was  not  identified  with  the  party,  than  one 
who  was,  and  hence  Mr.  Stevens'  nomination. 

The  result  showed  that  my  views  were  correct,  and  Mr. 
Stevens'  nomination  a  mistake.  The  Anti-Masonic  party  were 
beaten  by  over  8000  majority. 

When  the  time  arrived  for  the  meeting  of  the  convention 
in  Philadelphia,  viz.,  the  llth  of  September,  a  session  of  the 
Superior  Court,  and  of  the  Court  for  the  Correction  of  Errors, 
in  the  city  of  New  York,  rendered  it  impossible  for  me  to  leave 
home,  and  I  was  obliged  to  ask  to  have  a  friend  substituted  in 
my  place. 

In  the  month  of  April,  I  formed  a  copartnership  with  my 
nephew,  Henry  E.  Davies,  which  commenced  on  the  1st  of 
May  following,  and  continued  for  seventeen  years,  and  until  I 
removed  from  the  city  of  New  York  to  the  village  of  Geneva, 
on  the  1st  of  May,  1847.  This  connection  was  a  fortunate  one 
for  each  of  us.  We  did  a  very  large  professional  business, 
happily  and  successfully.  Mr.  Davies  had  a  remarkable  tal- 
ent for  the  dispatch  of  business.  He  relieved  me  almost  en- 
tirely from  the  business  in  the  office,  and  thus  enabled  me  to 
devote  nearly  my  whole  time  to  counsel  business. 

My  professional  engagements  took  me  to  Albany  several 
times  this  year.  I  was  there  from  the  4th  to  the  26th  of  Jan- 
uary—on the  20th,  21st,  and  22d  days  of  April— from  the 
1st  to  the  8th  of  July— from  the  16th  of  October  to  the  2d  of 
November,  and  on  the  24th,  25th,  and  26th  days  of  December. 


116  AUTOBIOGRAPHY 

My  exercise  was  taken  almost  wholly  by  walking  on  the 
Battery.  Mrs.  Foot  usually  accompanied  me,  and,  as  last  year, 
we  often  met  friends  there,  and  had  pleasant  walks  and  con- 
versations with  them. 

Mrs.  Foot  and  I  spent  the  last  few  days  of  April,  in  a  trip 
to  Philadelphia,  to  visit  the  widow  and  children  of  our  former 
pastor  in  Albany,  the  Rev.  John  Chester.  We  found  Mrs. 
Chester  and  her  children  well,  and  agreeably  situated.  We 
had  a  pleasant  journey  and  visit. 

On  Saturday,  the  24th  of  July,  Mrs.  Foot  and  I  left  the 
city  directly  after  breakfast  for  a  month's  tour  in  the  country. 
We  traveled  in  a  carriage  with  a  pair  of  horses  and  driver. 
Our  first  stop  was  with  her  uncle,  Mr.  Philemon  H.  Fowler, 
in  Eastchester.  We  arrived  there  in  time  to  dine,  and  spent 
the  afternoon  of  that  day  and  the  next  day  (Sunday)  with 
him.  On  Monday  we  proceeded  on  our  tour.  We  sauntered 
leisurely  and  in  short  daily  rides  through  Westchester  County 
and  Connecticut,  over  to  Watertown  in  that  state,  the  resi- 
dence of  my  sister  and  brother-in-law,  Scovill,  and  the  place 
of  my  nativity.  My  sister  York  was  then  there  on  a  visit. 
We  spent  several  days  in  Watertown,  riding  and  visiting  with 
my  sisters.  They  went  down  to  New  Haven  with  us.  I  left 
Mrs.  Foot  and  them  to  return  to  Watertown  in  the  carriage, 
and  went  myself  in  a  steamboat  to  the  city  for  a  few  days,  on 
urgent  professional  business.  On  my  return  from  the  city  to 
New  Haven,  Mrs.  Foot  met  me  with  the  carriage,  and  from 
there  we  went  to  Hartford,  stopping  on  our  way  at  Cheshire, 
to  make  my  cousin,  Samuel  Augustus  Foot,*  and  his  family  a 
visit,  which  proved  to  be  a  pleasant  one.  From  Hartford,  we 
proceeded  up  the  valley  of  the  Connecticut  river,  spent  the 
Sabbath  at  West  Springfield,  and  heard  the  Eev.  Thomas  E. 

*  This  gentleman  wrote  his  name,  as  I  have  always  written  mine,  viz., 
Samuel  A.  Foot,  though  our  middle  names  were  not  the  same,  as  I  have 
before  mentioned.  His  son,  Andrew  Hull  Foot,  was  a  remarkable  man — 
a  ripe  scholar — an  active  Christian— an  accomplished  gentleman— a  brave 
and  able  officer.  He  was  greatly  distinguished  in  the  late  rebel  war,  and 
died  an  Admiral. 


•AND  COLLATERAL  REMINISCENCES.  H7 

Vermilye  preach.  Little  did  I  then  think,  that  in  after  years, 
he  would  be  one  of  my  pastors  in  the  Keformed  Collegiate 
church  in  New  York,  as  he  actually  was.  We  spent  half  a 
day  at  Springfield  viewing  the  United  States  Armory,  in  com- 
pany with  some  friends  whom  we  met  at  that  place.  Staid 
over  night  at  Northampton,  followed  the  valley  of  the  river 
through  the  towns  of  Hatfield  and  Deerfield  to  Greenfield,  and 
then  turned  west  into  the  mountains.  We  dined  at  Greenfield 
on  the  10th  of  August.  From  there  over  the  mountains  to 
North  Adams.  I  will  copy  from  my  diary : 

"  After  dinner  we  rode  eight  miles  to  Merrill's  in  Shelburn, 
where  we  staid  all  night.  The  ride  was  charming,  the  country 
being  hilly  and  picturesque,  and  appearing  to  great  advantage  in 
comparison  with  the  monotonous  level  of  the  banks  of  the  Con- 
necticut river,  of  which  we  had  begun  to  be  tired.  The  old  towns 
of  Hatfield  and  Deerfield  had  the  appearance  of  age  and  great 
respectability.  The  main  street  through  the  village  of  each  was 
lined  with  old  and  reverend  elms  and  maples,  which  gave  an  in- 
teresting appearance  to  each  town.  I  shall  easily  remember 
them. 

"Wednesday,  August  llth.— This  day  we  rode  twenty-four 
miles,  viz.,  from  Shelburn  through  Charlemont  and  Florida  to  the 
north  village  in  Adams.  We  were  in  and  on  the  mountains  dur- 
ing all  our  ride,  which  continued  from  six  in  the  morning  to  two 
in  the  afternoon.  We  followed  the  Deerfield  river  through  Charle- 
mont and  a  part  of  Florida.  It  would  require  pages  to  describe 
the  beauties  which  this  ride  presented.  It  gave  me  and  Mrs.  Foot 
a  clearer  view  of  mountain  scenery  than  we  had  ever  had  before. 
The  valleys  of  the  two  branches  of  the  Hoosick  river,  as  they  were 
first  presented  on  this  side  of  the  mountain,  were  very  beautiful 
indeed ;  beautiful  is  almost  too  tame  a  term  for  the  splendid  spec- 
tacle which  the  summit  of  this  side  of  the  mountain  presented. 
The  grand  scenery  which  lay  behind  us,  after  we  had  reached  the 
top  of  the  mountain,  repaid  all  our  toil  in  the  ascent.  I  shall  leave 
it  for  memory  to  dwell  upon  without  attempting  a  description." 

From  North  Adams  we  proceeded  through  Williamstown 
to  Lebanon  Springs,  where  we  found  several  friends  and  ac- 


118  AUTOBIOGRAPHY 

quaintances,  and  passed  a  day  and  night.  From  there  we 
went  to  Albany  and  passed  a  Sabbath  with  Mrs.  Foot's  par- 
ents. The  next  day,  Monday,  the  16th  of  August,  we  went 
down  the  west  side  of  the  Hudson  river,  through  Catskill 
village  to  the  Mountain  House,  where  we  spent  a  day  and 
night.  In  my  diary  I  spoke  of  the  scenery  as  follows  : 

"  The  scenery  is  too  magnificent  for  me  to  attempt  a  descrip- 
tion in  a  brief  diary.  I  shall  easily  remember  all  the  interesting 
objects.  I  trust  my  heart  and  head  are  both  improved  by  witness- 
ing these  grand  displays  of  the  works  of  my  Almighty  and  Benefi- 
cent Creator." 

We  returned  from  the  Mountain  House  to  the  village  of 
Catskill,  and  from  there  by  easy  daily  journeys  went  down  on 
the  west  side  of  the  river  to  New  York,  where  we  arrived  on 
Saturday,  the  21st  of  August,  and  found  our  housejafe  and  in 
good  order. 

The  ride  down  the  west  side  of  the  river  was  charming. 
Besides  having  an  opportunity  to  see  all  the  towns  and  vil- 
lages on  that  side  of  the  river,  most  of  the  land  we  passed  was 
highly  cultivated,  and  the  scenery  in  many  places  magnificent. 

The  only  recreation  enjoyed  this  year,  in  addition  to  and 
after  our  tour,  was  a  ride  and  short  visit  of  a  couple  of  days  on 
the  10th  and  llth  of  September  to  Mrs.  Foot's  uncle  at  East- 
chester — a  couple  of  days,  the  25th  and  26th  of  November,  spent 
at  West  Point,  playing  chess  with  my  nephew,  Prof.  Charles 
Davies,  Colonel  Thayer,  the  Superintendent  of  the  Academy, 
Prof.  Courtnay,  and  other  friends — and  generally  one  evening 
every  week  in  October,  November,  and  December  playing  chess 
with  General  Winfield  Scott,  either  at  his  house  or  mine,  he 
being  my  neighbor,  and  our  residences  within  a  few  doors  of 
each  other. 

Mr.  Daniel  Lord  was  a  contemporary  during  my  residence 
and  practice  in  the  city  of  New  York.  He  was  in  the  front 
rank  of  the  first  class  of  our  profession — had  a  very  large  prac- 
tice— was  employed  in  the  most  important  cases,  and  distin- 
guished for  his  high  moral  and  Christian  character.  To  show 


AND  COLLATERAL  REMINISCENCES.  119 

my  sons,  who  may  follow  me  in  my  profession,  the  true  spirit 
which  should  govern  them  in  their  intercourse  with  their  pro- 
fessional brethren,  I  subjoin  in  a  note  a  couple  of  letters — one 
from  Mr.  Lord  to  me  and  the  other  from  me  to  him  in  answer 
to  his.* 

After  we  removed  from  Albany,  I  always  went  once  a  year, 
when  there,  to  visit  the  grave  of  my  deceased  brother,  to  keep 
his  memory  fresh  in  my  mind,  and  see  that  his  grave  was  kept 
in  good  order.  When  he  died,  tombstones  were  placed  at  his 
grave  of  as  good  a  quality  as  could  then  be  afforded,  but  they 


*  TUE9DAT  MORNING,  20th  April,  1830. 

SIR: 

In  a  conversation  with  Mr.  Dey  yesterday  morning,  he  stated  to  me,  that 
at  our  last  meeting  in  the  presence  of  the  referees,  I  had  said  in  relation 
to  some  remark  of  yours,  that  it  was  an  untruth. 

I  do  not  recollect  the  use  of  such  an  expression,  but  from  his  state- 
ment, I  cannot  doubt  it  did  escape  me.  I  use  the  first  opportunity  to 
declare  my  regret,  that  in  the  heat  of  resistance  to  what  I  considered  un- 
just and  irregular  remarks  towards  my  clients,  any  such  expressions 
should  have  escaped  me,  and  I  also  regret  the  harsh  expressions,  I  may 
have  consequently  used,  in  reply  to  your  remarks  on  my  conduct. 

I  hope  that  this  may  be  considered,  as  it  is  intended  on  my  part,  as  an 
ample  apology  for  what  was  unjustifiable  under  any  circumstances  to 
any  gentleman. 

I  am,  very  respectfully,  your  obedient  servant, 

DANIEL  LORD. 

Mr.  FOOT. 

April  22d,  1830. 

DEAR  SIR: 

I  had  the  pleasure  of  receiving  this  morning,  on  my  return  from  Al- 
bany, your  note  of  the  20th  instant,  and  hasten  to  inform  you  of  the 
gratification  which  its  perusal  has  afforded  me.  It  has  not  only  brought 
my  feelings  to  their  former  state  of  kindness  and  respect  for  you,  but  in- 
creased the  high  opinion  I  had  before  entertained  of  your  worth  and 
magnanimity. 

With  sentiments  of  great  respect  and  esteem, 

I  remain,  sincerely,  your  friend, 

SAM'L  A.  FOOT. 
DANIEL  LORD,  Esq. 


120  AUTOBIOGRAPHY 

did  not  accord  with  my  present  circumstances,  and  when  in 
Albany  in  October  this  year,  I  ordered  a  new  pair  more  in  ac- 
cordance with  them  and  with  my  appreciation  of  his  memory. 
His  remains  rested  there  under  those  stones  till  June,  1867, 
when  his  widowed  daughter,  Mrs.  Lucretia  Booth,  removed 
them  to  Ballston  Spa,  and  placed  them  in  the  cemetery  there 
beside  those  of  his  wife. 

My  religious  views  and  feelings  this  year  will  best  appear 
by  a  few  extracts  from  my  diary,  in  connection  with  the  cir- 
cumstances under  which  the  entries  were  made. 

When  in  Albany  in  January,  I  took  a  walk  at  twilight  on 
the  22d  of  that  month,  and  visited  the  grave  of  my  little 
daughter.  The  entry  in  my  diary  is  as  follows  : 

"  As  I  stood  there  I  enjoyed  a  holy  and  sweet  communion  with 
my  Heavenly  Father,  and  her  dear  spirit  resting  in  his  bosom.  I 
experienced  a  state  of  mind  and  feeling  beyond  description.  This 
earth  was  nothing  to  me,  but  heaven,  eternity,  and  immortality, 
everything.  If  I  can  leave  this  world  with  the  same  holy  serenity, 
then  to  die  is  gain." 

I  returned  from  Albany  on  that  occasion  on  the  west  side 
of  the  river.  The  weather  was  very  cold,  and  the  journey 
somewhat  perilous.  My  entry  in  my  diary  on  reaching  home, 
and  under  date  of  the  28th  of  January,  is  in  the  following 
words : 

"  My  first  impulse  on  meeting  my  family  was  thankfulness  to 
my  Heavenly  Father  for  preserving  us  all  in  our  separation,  and 
permitting  us  to  meet  again  in  health  and  safety.  May  He  con- 
tinue his  kind  care  over  us,  and  we  become  more  worthy  of  the 
many  favors  He  bestows  on  us." 

On  the  2d  of  February  an  incident  occurred,  which  led  me 
to  give  such  devout  and  profound  thanks  to  my  Heavenly 
Father,  that  I  will  give  the  whole  entry  of  that  day  : 

"February  2d,  Tuesday. — This  morning  brought  with  it  an  ap- 
palling occurrence.  While  Mrs.  Foot  was  performing  a  kind  office 


AND  COLLATERAL  REMINISCENCES.  121 

for  me  in  our  dressing  room,  her  clothes  took  fire,  and  when  I  first 
discovered  it,  her  back,  from  her  heels  to  her  shoulders,  was  in 
flames.  She  was  unconscious  of  it.  Being  dressed  in  woolen,  I 
sprang  and  drew  her  against  me,  and  in  that  way  smothered  and 
subdued  the  fire.  She  was  not  injured,  though  the  back  part  of 
her  dress  was  nearly  consumed.  My  right  hand,  which  I  freely 
used  in  extinguishing  the  fire,  was  considerably  burned.  The 
spectacle  was  awful,  when  I  first  saw  the  fire,  and  my  first  move- 
ment, apparently,  instinctive,  yet  I  must  have  reasoned,  as  the 
measure  I  took  was  the  most  efficient  one  in  my  power.  I  give 
sincere  and  hearty  thanks  to  my  Heavenly  Father  for  this  merci- 
ful preservation  of  my  companion,  and  hope  it  may  be  the  means 
of  inducing  us  both  to  rely  more  entirely  on  his  goodness  and  care. 
The  forenoon  of  this  day  was  passed  at  the  office  in  business,  the 
afternoon  and  evening  at  home.  Chancellor  and  Mrs.  Kent  passed 
the  evening  with  us." 

Under  date  of  the  4th  of  May,  after  stating,  that  on  that 
day,  Chancellor  Kent  and  his  son,  William,  had  moved  to 
other  offices,  and  expressing  my  regret  at  parting  with  them, 
I  say — 

"  I  am  to-day  again  on  the  world,  and  must  succeed  or  fail,  as 
my  efforts  shall  be  approved  or  disapproved  by  my  Heavenly 
Father.  He  has  signally  favored  me  thus  far  in  life,  and  I  com- 
mit myself  to  Him  with  entire  confidence,  and  I  hope  with  a 
humble  spirit,  which  is  prepared  to  submit  willingly  to  his  com- 
mands." 

On  the  15th  of  August,  while  on  our  tour  in  the  country,  I 
wrote  the  following : 

"My  neglects  of  duty  on  this  journey  to  my  Heavenly  Father 
have  been  frequent.  I  have  no  excuse  to  render,  and  must  entreat 
my  Saviour  to  take  my  transgressions  on  himself,  and  intercede  for 
me  with  my  offended  Parent." 

On  our  returning  safely  and  happily  from  our  tour,  I  wrote 
under  date  of  August  21 : 

"  For  this,  and  all  other  favors  which  we  receive  daily  from  our 
Heavenly  Father,  let  us  return  sincere  and  hearty  thanks." 


122  AUTOBIOGRAPHY 

My  children  will  naturally  think  that  under  the  influence 
of  thought  and  feelings  like  those,  which  the  preceding  entries 
in  my  diary  disclose,  that  I  would  have  been  able  to  discharge 
fully  and  correctly  my  daily  duties,  improve  my  time  and  op- 
portunities for  usefulness — in  a  word,  live  up  to  the  standard 
of  Christian  duty,  which  God  has  prescribed  in  his  Holy  Word. 
But  I  fell  very  far  short  of  even  discharging  fully  and  well  my 
daily  and  obvious  duties.  My  diary  is  full  of  entries  to  that 
effect : 

"  December  17. — This  day  I  am  forty  years  old,  and  when  I  re- 
view my  life,  I  cannot  but  sorrow  to  see  how  little  I  have  effected, 
and  how  much  more  I  might  have  done.  A  kind  Providence  has 
attended  me,  yet  I  have  made  but  a  poor  use  of  the  means  which 
have  been  furnished  me.  With  God's  help,  I  hope,  if  my  life  is 
spared  for  another  twenty  years,  that  I  may  be  able  to  give  a  bet- 
ter account  of  them,  than  I  can  of  the  last  twenty." 


1831. 

My  time  this  year  was  occupied  in  general  as  it  was  last 
year.  My  professional  engagements  increased  in  importance, 
though  probably  not  in  number.  They  were  consequently 
more  exhausting,  and  obliged  me  to  take  more  time  in  the 
summer  for  rest  and  recreation. 

Our  circle  of  friends  and  acquaintances  extended  as  my 
professional  reputation  increased,  and  hence  some  more  time 
was  required  this  year  than  last  for  social  duties.  My  diary 
contains  a  full  account  of  the  manner  in  which  those  duties 
were  discharged,  and  the  names  of  those  with  whom  we  asso- 
ciated. By  looking  at  them,  my  children  will  see,  that  my 
social  position  was  all  one  could  desire. 

The  French  language  received  no  attention  from  me  this 
year  as  a  study,  but  the  Latin  did.  Many  of  my  mornings 
were  occupied  in  reading  Horace,  Virgil,  and  Cicero  De  Senec- 
tute.  My  general  reading  was  about  the  same  as  the  year 
before.  My  reading  on  the  Sabbath  this  year  was  generally  in 


AND  COLLATERAL  REMINISCENCES.  123 

the  Observer,  Henry's  Exposition,  the  Greek  Testament,  Bible, 
and  Young's  Night  Thoughts.  My  professional  reading  this 
year,  and  indeed  always  after  I  had  a  full  practice,  was  in  con- 
nection with  questions  arising  in  my  profession. 

Politics  continued  this  year  to  engage  my  attention  to  a 
considerable  extent.  I  assisted  and  contributed  liberally  to 
establish  in  this  city  an  Anti-Masonic  paper  called  "  The 
Whig,"  and  wrote  a  recommendation  of  it.  This  recom- 
mendation will  show  the  leading  objects  of  the  Anti-Masonic 
party,  and  those,  which  I  had  in  view,  in  becoming  a  member 
of  it.  It  is  No.  14  of  "  Papers  Written  by  me." 

A  National  Anti-Masonic  Convention  was  held  at  Balti- 
more, Maryland,  on  the  26th  of  September  this  year,  to  nomi- 
nate candidates  for  President  and  Vice-President  of  the 
United  States.  I  was  a  delegate  from  this  state,  and  at- 
tended. The  two  most  prominent  gentlemen  talked  of  for  the 
Presidency  were  Judge  McLean,  of  Ohio,  and  William  Wirt, 
of  Baltimore.  Being  acquainted  with  Mr.  Wirt,  I  called  on 
him  at  10  o'clock  A.M.  of  the  day  the  convention  was  to  meet 
at  12  o'clock,  and  in  the  language  used  in  my  diary,  "  con- 
versed with  him  till  half-past  11  o'clock,  relative  to  the  prin- 
ciples of  Anti-Masonry  and  the  nomination  of  a  President." 
This  conversation  satisfied  me,  that  Mr.  Wirt  was  exactly  the 
man,  whom  the  exigencies  of  the  party  required,  as  a  candi- 
date for  the  Presidency,  and  I  took  strong  ground  in  favor  of 
his  nomination.  A  conference  was  held  by  the  members  of  the 
convention  on  the  evening  of  the  26th  of  September,  for  gen- 
eral consultation.  I  spoke  several  times.  No  candidates  were 
named.  A  second  conference  was  held  the  next  evening,  to 
nominate  candidates,  which  continued  till  2  o'clock  in  the 
morning.  The  following  entry  in  my  diary  of  the  27th  of 
September  will  show  the  part  I  took  in  the  conference  : 

"  If  a  mode  of  voting  which  I  insisted  on,  and  which  was  sug- 
gested to  me  by  a  friend  in  the  convention,  and  opposed  by  my 
friend  Seward  (Hon.  William  H.  Seward),  had  not  been  adopted, 
Mr.  Wirt  would  not  probably  have  been  nominated.  On  how 
slight  circumstances  great  events  often  depend !  ,  In  the  course  of 


124  AUTOBIOGRAPHY 

the  evening,  when  debates  grew  warm  between  the  friends  of  Mr. 
Wirt  and  Judge  McLean,  and  when  the  conference  was  about  to 
dissolve  without  agreeing  on  a  candidate,  I  addressed^  a  few  words 
or  rather  sentences  to  the  meeting,  which  turned  the  course  of  feel- 
ing so  much,  that  with  the  aid  of  other  gentlemen,  Mr.  Wirt  was 
finally  agreed  on  unanimously.  For  this  I  was  thanked  by  several 
members  the  next  day." 

I  took  a  part  in  the  proceedings  of  the  convention  the  next 
day.  Under  date  of  the  28th  of  September,  is  the  following 
entry  in  my  diary  : 

"In  the  afternoon  session  I  made  a  short  speech,  more  for  the 
respectable  audience  which  was  present,  than  the  convention,  on 
the  resolutions  declaring  our  principles,  which  were  then  under 
consideration.  This  was  one  of  my  best  declamatory  efforts,  and 
for  it  I  was  greatly  commended  by  several  of  my  friends.  The 
audience  listened  with  attention,  and  I  trust  I  was  the  instrument 
of  some  good  to  this  portion  of  my  fellow-citizens." 

My  position,  politically,  led  to  quite  an  extensive  corre- 
spondence with  prominent  gentlemen  in  the  Anti-Masonic 
party.  Some  portion  of  this  correspondence  has  been  pre- 
served. Copies  of  some  of  my  letters  to  Mr.  Wirt,  Mr.  Seward, 
and  others,  and  some  of  their  letters  to  me  will  be  found 
among  my  letters  of  1831. 

Early  in  March,  I  was  elected  a  manager  of  the  "  Coloniza- 
tion Society  of  the  city  of  New  York/'  which  trust  I  accepted, 
and  from  that  time  became  an  advocate  and  annual  contribu- 
tor to  the  great  and  benevolent  enterprise,  of  colonizing  the 
free  people  of  color  on  the  western  coast  of  Africa.  In  subse- 
quent years  I  became  a  manager  and  Vice-President  of  the 
New  York  State  Colonization  Society.  Having  from  my  early 
manhood  regarded  slavery  as  a  great  social,  political,  and 
moral  evil,  my  desire  to  see  it  abolished  in  this  country  has 
always  been  intense.  My  position  uniformly  was,  that  the 
citizens  of  the  free  states  ought  to  follow  the  lead  of  their  fel- 
low-citizens of  the  slave  states  in  regard  to  slavery,  and  not 
attempt  to  lead  and  direct  them,  and  as  they  approved  of 


AND  COLLATERAL  REMINISCENCES.  125 

colonization,  we  of  the  free  states  should  give  it  a  hearty  sup- 
port. I  held  to  this  position  and  acted  upon  it,  till  the  year 
1854,  when  the  influence  of  slavery  was  powerful  enough  to  in- 
duce Congress  to  repeal  the  Missouri  compromise  against  the 
almost  unanimous  remonstrance,  of  the  free  states.  I  then  saw 
that  slavery  was  too  strong  for  the  Government,  and  became 
the  year  after  a  member  of  the  Republican  party,  whose 
avowed  object  was  to  confine  slavery  to  the  states  in  which  it 
then  existed.  I  have  written  much  and  spoken  often  on  this 
great  subject.  My  writings  and  speeches  will  appear  in  the 
course  of  this  Autobiography.  My  first  speech  was  delivered 
at  "  A  general  meeting  of  the  Colonization  Society  of  the  city 
of  New  York,  and  of  citizens,  held  in  the  Middle  Dutch 
Church,  on  the  evening  of  the  13th  of  May,  1831." 

The  Christian  Intelligencer,  of  the  21st  of  that  month,  con- 
tains the  following  notice  of  my  speech : 

"  Samuel  A.  Foot,  Esq.,  of  this  city,  arose,  and  in  an  able  and 
impressive  speech,  advocated  the  cause  of  African  Colonization, 
and  by  powerful  arguments  enforced  the  claims  of  the  Society  to 
the  favor  and  liberality  of  our  citizens.  He  showed  that  the 
scheme  of  the  Society  was  practicable,  and  that  its  tendency  was 
to  elevate  the  character  of  the  people  of  color  already  free,  to  sup- 
press the  slave  trade,  and  gradually  and  safely  to  wear  away  the 
institution  of  slavery.  He  concluded  by  oifering  the  following 
resolution : 

"  Resolved,  That  this  Society  deems  the  principles  of  the  Ameri- 
can Colonization  Society  worthy  of  approbation  and  support,  not 
only  as  philanthropic  and  patriotic  in  their  character,  but  also  as 
tending  most  effectually  to  secure  and  promote  the  rights  and  in- 
terests of  all  classes  of  our  countrymen." 

My  professional  engagements  this  year  did  not  take  me 
often,  or  for  long  periods,  from  the  city.  I  was  away  only 
three  times,  and  those  at  Albany,  viz.,  from  the  30th  of  Janu- 
ary to  the  llth  of  February— on  the  4th  and  5th  of  April— 
and  from  the  18th  to  the  25th  of  December. 

My  exercise  in  the  city  was  mainly  taken  in  walking  on  the 
Battery.  Mrs.  Foot  usually  accompanied  me,  and  we  met 


126  AUTOBIOGRAPHY 

friends  there  in  the  same  agreeable  manner  as  the  year  be- 
fore. 

Near  the  end  of  May  we  made  a  short  visit  of  a  couple  of 
days  to  our  relatives  and  friends  in  Albany.  On  the  30th  of 
June  we  left  the  city  for  Geneva,  to  pass  some  weeks  with  our 
relatives,  Prof,  and  Mrs.  Horace  Webster.*  We  stopped  on 
our  way,  first,  at  West  Point,  and  passed  a  day  there  with  our 
relatives  and  friends,  then  at  Albany  for  four  or  five  days,  to 
visit  relatives  and  friends  there,  and  while  there,  I  argued  a 
cause  in  the  Court  of  Chancery.  We  arrived  at  Geneva  on 
the  8th  of  July,  and  remained  there  till  the  16th  of  August, 
when  we  left  for  Albany,  where  we  arrived  on  the  19th. 

While  at  Geneva  my  time  was  mostly  passed  in  fishing, 
rowing  on  the  lake,  hunting,  riding,  visiting,  and  receiving 
visits.  I  read  a  little  and  held  some  consultations  on  profes- 
sional business.  I  attended  the  examinations  of  the  students 
of  the  college,  also  the  commencement,  and  the  collegiate  din- 
ner at  the  hotel. 

The  trustees  of  the  college  conferred  on  me  the  honorary 
degree  of  Master  of  Arts.  I  presume  this  was  done,  on  the 
suggestion  of  my  brother-in-law,  Prof.  Webster,  who  knew,  I 
was  too  poor  in  1814,  to  attend  commencement  and  receive  my 
Master's  degree  in  course  at  Union  College. 

I  made  the  following  entry  in  my  diary,  under  date  of  the 
3d  of  August,  respecting  this  degree  and  the  commencement 
exercises : 

"  The  performances  were  highly  respectable.  The  trustees 
conferred  on  me  the  honorary  degree  of  Master  of  Arts,  for 
which  kind  notice  I  am  thankful,  and  feel  grateful  to  my 
Heavenly  Father,  that  he  has  so  guided  and  directed  me,  as 
to  render  me  worthy  of  the  good  opinion  of  my  fellow-men." 

My  first  ride  on  a  railroad,  and  the  first  time  I  ever  saw 
one,  was  on  the  morning  of  the  day  we  arrived  in  Albany. 
We  rode  that  morning  from  Schenectady  on  the  railway, 

*  Mrs.  Foot  and  Mrs.  Webster  were  sisters,  and  Mr.  Webster  was  Pro- 
fessor of  Mathematics  in  Geneva  College. 


AND  COLLATERAL  REMINISCENCES.  127 

drawn  by  horses,  at  the  rate  of  eleven  miles  an  hour.  It 
seemed  wonderful.  I  speak  of  it  in  my  diary,  as  "  another 
instance  of  the  astonishing  improvements  of  the  present 
day." 

We  remained  in  Albany  ten  days,  visiting  relatives  and 
friends,  riding  to  Troy  and  other  places  in  the  vicinity,  and 
enjoying  such  other  means  of  recreation  as  offered. 

Leaving  Mrs.  Foot  in  Albany,  where  she  remained  till  the 
middle  of  September,  I  returned  to  the  city,  where  I  arrived 
on  the  morning  of  the  29th  of  August,  and  resumed  my  pro- 
fession. Our  servants  not  having  resumed  their  duties,  I 
took  lodgings  at  Bunker's,  in  Broadway,  then  the  best  hotel  in 
the  city,  and  only  opened  our  house  to  use  my  library. 

The  only  additional  recreation  I  took  this  year  was  by 
spending  three  days  in  November,  the  17th,  18th,  and  19th, 
with  my  nephew,  Prof.  Davies,  at  West  Point,  playing  chess 
with  him  and  our  friends  at  the  Point,  and  going  from  there 
to  Albany,  where  I  joined  Mrs.  Foot  and  passed  a  couple  of 
clays  with  our  relatives. 

An  incident  occurred  on  Saturday,  the  10th  of  September, 
by  which  I  was  put  in  great  peril,  and  my  life  providentially 
preserved.  Being  alone  in  the  city,  (for  I  always  felt  myself 
alone  when  Mrs.  Foot  was  not  with  me),  the  weather  warm 
and  oppressive,  and  having  been  constantly  engaged  all  the 
week,  I  concluded  to  go  out  to  Eastchester,  and  spend  the 
Sabbath  with  our  uncle,  Mr.  P.  H.  Fowler.  For  that  purpose 
I  hired  a  horse  and  gig.  When  within  about  a  mile  of  West 
Farms,  and  while  riding  on  a  gentle  trot,  upon  a  good  road, 
with  my  hat  off  enjoying  the  breeze,  the  horse,  a  large  and 
powerful  animal,  suddenly,  and  without  any  apparent  provo- 
cation, commenced  kicking  with  both  feet  most  furiously. 
The  second  kick  broke  both  thills,  and  let  the  gig  down.  I 
then  jumped  from  it,  and  fortunately  for  me  that  I  did,  for  the 
next  kick  was  over  the  dash-board  and  directly  into  the  gig 
where  I  had  been  sitting. 

My  preservation  appeared  to  me  providential,  and  I  wrote 
in  my  diary  the  next  day  as  follows  : 


128  AUTOBIOGRAPHY 

"I  was  not  injured  in  the  least, and  considering  the  peril  I  was 
in,  it  appears  to  me  a  special  interposition  of  Providence.  For 
this  and  the  many  other  favors  I  receive  daily  from  my  Heavenly 
Father,  I  return  my  sincere  thanks,  and  pray  Him,  for  the  sake  of 
his  Son,  my  Saviour,  to  forgive  my  numerous  offences." 

In  October,  the  Rev.  Dr.  Mason,  then  President  of  Geneva 
College,  was  in  the  city  soliciting  funds  for  that  institution. 
At  his  request,  I  made  an  address  on  behalf  of  the  college,  be- 
fore a  large  meeting  of  gentlemen,  belonging  to  the  Episcopal 
church,  at  which  the  Bishop  of  the  diocese  presided.  Dr. 
Mason  opened  the  meeting  by  an  address,  and  I  followed  him. 

The  American,  of  the  14th  of  October,  a  highly  respectable 
newspaper  then  published  in  the  city  of  New  York,  after 
noticing  favorably  Dr.  Mason's  address,  contained  the  follow- 
ing notice  of  mine  : 

"  He  was  followed  by  Mr.  Foot,  who,  in  a  very  happy  manner, 
spoke  of  the  advantages  of  such  an  institution,  if  liberally  sup- 
ported ;  of  the  exigencies  of  the  western  country  for  the  higher 
branches  of  a  liberal  education,  and  the  capabilities  of  Geneva  Col- 
lege to  afford  them.  He  took  occasion  to  observe,  that  though  he 
did  not  belong  to  the  denomination  of  Christians,  of  which 'most 
of  those  present  were  members,  yet  he  could  not  refrain  from  re- 
marking, that  he  had  attended  at  the  recent  commencement  of 
Geneva  College,  and  that  he  had  derived  as  much  satisfaction  from 
the  exercises  of  that  day,  as  from  any  commencement  he  had  ever 
been  present  at,  even  of  the  college  of  which  he  was  a  graduate." 

In  the  latter  part  of  the  month  of  October,  I  was  associated 
with  Mr.  Talcott,  whom  I  have  before  mentioned,  in  the  argu- 
ment of  an  interesting  and  important  cause  for  the  Orphan 
Asylum  Society  of  the  city  of  New  York.  Mr.  Talcott  had,  by 
this  time,  become  very  eminent,  and  I  made  an  earnest  effort 
in  this  cause  to  acquit  myself  well,  not  in  a  spirit  of  ignoble 
rivalry,  but  under  the  influence  of  a  laudable  ambition  for  pro- 
fessional distinction. 

The  managers  of  the  society  sent  me  the  following  reso- 
lution : 


AND  COLLATERAL  REMINISCENCES.  129 

"  Kesolved,  unanimously,  That  this  Board  return  their  grateful 
acknowledgments  to  their  counsel,  S.  A.  Foot  and  S.  A.  Talcott, 
Esquires,  for  the  very  able  and  eloquent  manner  in  which  they  ad- 
vocated the  cause  of  the  orphan  in  the  late  application  to  the 
Court  of  Chancery." 

My  spiritual  condition  improved  this  year.  My  conscience 
became  more  wakeful  and  tender  in  regard  to  my  religious 
duties.  My  Sabbaths  were  in  general  better  spent.  I  gave  up 
the  bad  practice  of  attending  church  only  half  the  day,  and 
usually  attended  forenoon  and  afternoon  and  occasionally  in 
the  evening  ;  still  my  Sabbaths  were  far  from  being  as  well 
spent  as  they  ought  to  have  been.  Mrs.  Foot  never  visited  on 
the  Sabbath,  and  never  willingly  received  visits.  On  the  2d 
of  January  this  year,  I  joined  her  in  a  determination,  neither 
to  visit,  nor  receive  visits  on  the  Sabbath,  and  on  that  day, 
which  was  the  Sabbath,  we  denied  ourselves  to  several  gentle- 
men who  called. 

A  few  extracts  from  my  diary  will  show  the  state  of  my 
religious  feelings  this  year : 

On  my  return  from  Albany  on  the  llth  of  February. — 
"  Found  Mrs.  Foot  well  and  my  household  in  good  order.  For  my 
preservation  and  that  of  Mrs.  Foot  during  our  separation,  and 
my  safe  return,  I  record  my  thanks  to  my  kind  Preserver  and 
bountiful  Benefactor." 

May  13th.  After  the  delivery  of  my  speech  in  favor  of  colo- 
nization.— "  The  meeting  was  an  interesting  one,  and  I  acquitted 
myself  better  than  I  expected.  I  thank  my  Heavenly  Father  for 
carrying  me  successfully  through  this  interesting  duty,  and  thus 
enabling  me  to  cast  in  my  mite  of  effort  in  this  great  cause." 

June  29th.  The  day  before  we  left  the  city  for  the  West. — 
"  To-morrow  morning  we  leave  the  city  for  the  West,  and  expect 
to  be  absent  some  time.  We  commit  ourselves  to  the  care  of 
our  Heavenly  Father,  and  pray  him  to  preserve  us  during  our 
absence,  and  return  us  to  our  dwelling  in  the  autumn  in  health 
and  safety." 

September  17th.  When  Mrs.  Foot  came  from  Albany  to  the 
city  and  we  resumed  the  occupation  of  our  house. — "  The  pleasures 


130  AUTOBIOGRAPHY 

of  home  are  indeed  sweet.  Our  servants  have  returned,  and  our 
house  is  being  arranged.  Health  and  happiness  have  been  the  lot 
of  each  of  my  household  during  our  separation.  For  this  I  return 
thanks  to  my  Heavenly  Father,  and  pray  that  he  will  bless  us  in 
all  our  relations  in  life." 

December  17th.  My  birthday. — "  This  is  my  birthday,  and 
brings  me  to  forty-one  years  of  age,  but  my  business,  viz.,  prepara- 
tion for  an  argument  before  the  Chancellor  in  Albany,  has  so  occu- 
pied my  time,  as  to  prevent  me  from  paying  that  attention  to  it 
which  I  ought.  I  trust  I  am  thankful  to  my  Heavenly  Father 
for  the  continuance  of  my  life  and  the  general  prosperity  which 
I  enjoy." 

December  31st.  The  close  of  the  year.  After  mentioning 
that  I  had  spent  a  part  of  the  day  in  errands,  "the  object  of  which 
was  to  pay  all  my  debts,  which  I  accomplished,"  my  entry  is  the 
following:  "I  have  thus  been  carried  through  the  year,  and  al- 
though I  have  not  wasted  any  considerable  portion  of  my  time,  still 
many  valuable  hours  have  been  poorly  and  uselessly  spent.  For 
this  I  ask  the  forgiveness  of  my  Heavenly  Father,  and  also  return 
Him  sincere  thanks  for  the  many  blessings  the  year  has  brought 
with  it" 


1832. 

This  was  an  eventful  year  for  me.  Three  events  occurred, 
each  of  which  had  an  important  influence  on  the  future  of  my 
life: 

First.  My  dear,  faithful,  and  devoted  wife  was  removed 
from  me  by  death. 

Second.  I  avowed  openly  my  fealty  to  my  Saviour,  and  be- 
came a  member  of  his  visible  church. 

Third.  I  delivered  an  address  before  the  literary  societies 
of  Geneva  College,  which  drew  public  attention  to  me  as  a 
scholar. 

My  diary  this  year  was  commenced  with  the  following 
entry: 

"  My  habit  being  firmly  established  of  taking  exercise  every 
morning  when  the  weather  will  permit,  and  of  reading  the  morn- 


AND  COLLATERAL  REMINISCENCES.  131 

ing  paper,  in  addition  to  my  other  duties  in  the  morning  already 
recorded,  it  seems  unnecessary  to  notice  either  of  them  in  my  diary. 
It  may  be  taken  for  granted  that  they  are  performed,  unless  the 
contrary  is  stated." 

My  time  from  the  commencement  of  the  year  to  the  2d  of 
July,  was  passed  mainly  as  it  had  been  in  previous  years  in 
the  city.  The  only  variations  consisted  in  my  professional 
engagements  in  the  city  being  more  engrossing,  as  I  was  out  of 
the  city  but  once  on  business,  and  then  only  for  a  few  days  at 
Albany  in  the  early  part  of  February — in  giving  no  attention 
to  Latin  and  French  as  studies — occupying  sufficient  time  to 
write  my  address — and  in  reading  on  the  Sabbath,  in  addition 
to  the  Greek  Testament,  the  notes  of  Scott  and  Henry  on  the 
portions  of  Scripture  read  in  Greek. 

On  the  evening  of  the  20th  of  March,  I  delivered  an  ad- 
dress in  favor  of  colonization  before  a  large  meeting  held  at 
the  City  Hotel,  in  respect  to  which,  I  remark  in  my  diary, 
that  "  I  acquitted  myself  tolerably  well."  I  have  preserved 
only  the  outlines  of  this  address.  Whether  it  was  published 
or  not,  I  do  not  recollect. 

I  spent  the  afternoon  of  the  27th  of  January  in  writing  a 
short  article  for  the  Whig,  on  the  renewal  of  the  charter  of  the 
United  States  Bank.  It  is  No.  15  of  "  Papers  Written  by 
me,"  and  was  published  in  the  Whig  of  the  30th  of  January. 

I  allowed  myself  this  year  no  rest,  or  recreation  beyond 
daily  exercise,  except  a  visit  with  Mrs.  Foot  of  a  couple  of 
days  at  the  end  of  March  to  our  relatives  and  friends  in  Al- 
bany, and  a  visit  with  her  of  four  days  at  the  beginning  of 
May  to  our  uncle,  Mr.  P.  H.  Fowler,  at  Eastchester,  where 
most  of  my  time  was  passed  in  hunting,  fishing,  and  rambling 
over  the  fields. 

As  cholera  prevailed  at  Montreal  early  in  the  season,  its 
approach  to  Albany  and  New  York  was  expected.  Mr.  Fow- 
ler with  all  his  family  left  Albany  for  Geneva  about  the  mid- 
dle of  June,  and  was  very  anxious  Mrs.  Foot  and  I  should  join 
them  there. 


132  AUTOBIOGRAPHY 

On  the  2d  of  July,  the  Board  of  Health  of  the  city  of  New 
York  announced  the  presence  of  cholera.  Our  arrangements 
having  been  previously  made,  we  left  the  city  that  afternoon.  I 
truly  say  in  my  diary,  "  We  did  not  leave  because  I  was  afraid 
to  remain,  but  because  Mrs.  Foot  and  I  apprehended  her  par- 
ents and  relatives  would  be  greatly  disturbed,  if  we  continued 
in  town." 

We  took  a  pair  of  horses,  driver,  barouche-wagon,  and 
maid-servant.  We  crossed  the  river  and  proceeded  on  the 
Hackensack  road  to  a  tavern  in  the  town  of  Bergen,  where  we 
staid  over  night.  From  there  by  short  daily  journeys,  neither 
of  us  being  very  well,  we  traveled  through  the  northern  part 
of  New  Jersey  to  Milford,  in  Pennsylvania — from  there  through 
the  eastern  and  mountainous  part  of  that  state  to  Bingham- 
ton  in  this  state — from  there  to  Owego,  Tioga  Point,  Elmira, 
and  Jefferson  at  the  head  of  Seneca  Lake.  One  of  our  horses 
becoming  lame,  we  then  went  on  board  the  old  steamboat, 
"  Seneca  Chief/'  with  our  wagon  and  horses,  and  had  a  pleas- 
ant passage  down  the  lake  to  Geneva,  where  we  arrived  on 
the  13th  of  July,  at  8  o'clock  P.M.  This  was  a  very  pleasant 
journey.  We  regained  our  health,  and  arrived  at  Geneva 
quite  well. 

A  detailed  account  of  this  journey,  the  friends  we  met,  and 
objects  of  interest  we  saw  and  examined,  will  be  found  in  my 
diary.  My  children  can  trace  our  steps  on  the  map,  and  read 
the  whole  if  they  choose. 

On  our  arrival  at  Geneva  we  found  our  relatives  well.  We 
all  formed  one  family  at  Prof.  Webster's.  The  days  were 
passing  pleasantly.  I  hunted,  fished,  rowed  on  the  lake,  rode 
and  walked  with  Mrs.  Foot,  and  other  members  of  the  family, 
and  interchanged  visits  with  our  friends,  of  whom  we  had 
many  in  the  village.  The  time  was  thus  passing  agreeably, 
^when  within  a  few  days  after  our  arrival,  a  little  daughter  of 
Mr*  and  Mrs.  Webster,  named  Mariam  Foot,  after  her  aunt, 
Mrs.  Foot,  was  taken  very  ill  with  a  fever.  She  grew  rapidly 
worse,  and  died  in  the  evening  of  the  18th  of  July,  and  was 
buried  in  the  afternoon  of  the  next  day,  being  Thursday. 


AND  COLLATERAL  REMINISCENCES.  133 

Mrs.  Foot  was  very  fond  of  this  child,  and  took  the  same 
care  of  it  during  its  illness,  as  she  would,  if  it  had  been  her 
own.  The  death  of  this  little  namesake  deeply  affected  her. 
On  Monday  night  following,  only  three  days  after  the  burial  of 
this  child,  Mrs.  Foot  was  taken  ill  with  a  fever,  similar  to  that 
of  which  the  child  died.  She  continued  to  grow  worse,  with, 
however,  occasional  apparent  improvement,  till  the  afternoon 
of  Thursday,  the  2d  of  August,  when  she  expired. 

Her  death  was  happy  and  triumphant.  She  had  the  full 
possession  of  her  mind  till  near  the  closing  of  the  scene.  Her 
religious  faith  sustained  her  throughout,  and  she  went  to  meet 
her  God  rejoicing.  My  diary  contains  many  affecting  particu- 
lars of  her  sickness  and  death,  but  I  shall  here  only  mention 
the  leading  features  of  her  character. 

She  had  a  bright  and  active  mind,  a  sound  judgment,  and 
a,  remarkably  quick,  indeed  almost  intuitive,  perception  of  the 
proprieties  of  life.  Her  manners  were  gentle  and  winning — 
her  taste  in  music  refined,  and  improved  by  culture — and  her 
mind  was  well  stored  with  general  knowledge.  These  high 
qualities  made  her  a  favorite  with  all  our  friends  and  acquain- 
tances ;  wherever  she  went  she  made  friends.  She  read  a  great 
deal,  and  her  reading  seemed  directed  to  qualify  herself  for 
companionship  with  me.  After  we  removed  to  New  York,  she 
devoted  herself  to  learning  the  French  language,  and  with  the 
aid  of  an  instructor,  for  no  object,  so  far  as  I  could  see,  but  to 
be  able  to  converse  in  that  language  with  me,  and  thus  aid  me 
in  keeping  up  my  knowledge  of  it.  But  the  crowning  grace  of 
her  life  was  a  true,  holy,  heaven-born,  deep,  abiding,  and  ever- 
active  Christian  spirit.  Her  duties  to  her  God  were  never 
neglected.  She  revered  and  loved  her  Saviour,  and  im- 
proved every  opportunity  to  extend  his  kingdom  on  the  earth. 
Her  heart  was  full  of  Christian  sympathy.  Having  no  chil- 
dren of  her  own  to  rear,  she  had  time  and  opportunity,  which 
she  improved,  to  do  much  good.  Her  attention  was  more  par- 
ticularly directed  to  destitute  children,  who  needed  care  and 
aid.  She  had  an  infant  school,  composed  mainly  of  poor  chil- 
dren in  the  neighborhood  of  our  residence,  which  was  almost 


134  AUTOBIOGRAPHY 

wholly  sustained  by  her.  There  were  also  several  in  the  Or- 
phan Asylum,  whom  she  had  interposed  to  save.  But  her 
main  and  unceasing  efforts  were  directed  to  modify  and  coun- 
teract my  worldly-mindedness,  and  draw  me  to  my  Saviour. 
This  she  did  so  gently,  so  unobtrusively,  so  judiciously,  so 
kindly,  that  she  was  an  instrument  in  my  Heavenly  Father's 
hands,  to  turn  my  thoughts  heavenward,  as  my  diary  shows 
they  were.  She  was  my  constant  and  most  acceptable  com- 
panion. At  home,  we  read,  we  conversed,  we  played  chess, 
and  occasionally  backgammon,  together.  We  were  always 
glad,  when  other  duties  allowed  us,  to  pass  our  time  together. 
We  rode,  we  walked,  we  traveled  together.  We  also,  for  sev- 
eral years  before  her  death,  prayed  in  the  morning  together. 
She  was  faulty,  so  far  as  I  observed,  but  in  one  particular — she 
was  too  devoted  to  me  for  her  own  happiness,  or  usefulness. 
She  thought  too  much  of  what  she  could  do,  to  gratify  me. 
Over  all  this,  however,  when  the  trial  came,  her  Christian 
faith  triumphed,  and  I  will  relate  our  final  parting,  to  show 
my  children,  more  especially  my  daughters,  how  a  Christian 
wife,  affectionate  and  devoted,  can  give  up  her  husband  on  a 
summons  from  her  God. 

I  will  give  our  parting  as  recorded  in  my  diary.  In  addi- 
tion to  several  verbal  bequests  made  through  her  sister,  Louisa, 
to  members  of  the  family,  and  among  them  her  Polyglot  Bible 
to  me,  she  made  several  bequests  to  charitable  objects,  which 
she  wished  me  to  carry  into  effect.  "  Soon  after  these  be- 
quests were  made,  I  came  into  the  room,  and  asked  her  if  she 
had  any  requests  to  make.  She  replied  that  she  had  made 
them  to  Louisa,  and  began  to  repeat  them,  but  was  so  feeble 
as  not  to  be  able  to  in  full.  She  then  embraced  me,  and  bid 
me  farewell,  saying,  she  had  had  a  struggle  to  resign  me.  Some 
short  time  after,  I  was  by  her,  and  she  observed  her  wedding- 
ring  upon  her  finger.  She  took  it  off,  and  placed  it  upon  one 
of  mine,  saying  '  There,  dear  husband,  that  is  the  last — I  now 
give  you  up/  " 

She  was  buried  at  Geneva,  in  a  leaden  coffin.  Early  the 
next  spring  her  remains  were  removed  to  Albany,  and  interred 


AND  COLLATERAL  REMINISCENCES.  135 

by  the  side  of  those  of  our  little  daughter.  Over  them,  I 
erected  a  suitable  monument.  After  the  Albany  cemetery  was 
established,  Mr.  Fowler  removed  the  remains  of  both  of  them 
with  the  monument  to  a  lot  in  that  cemetery,  which  he  had 
purchased  for  the  interment  of  his  family,  where  they  now 
(1868)  lie. 

I  hope  to  meet  her  blessed  spirit  in  heaven,  where  "  they 
neither  marry,  nor  are  given  in  marriage." 

An  incident  occurred  at  the  close  of  the  funeral  ceremonies, 
which  touched  my  heart,  and  will  never  be  forgotten.  The 
bearers  returned  to  the  house  with  the  mourners,  and  as  they 
came  to  the  door,  opened  to  the  right  and  left  and  allowed  us 
to  pass  in. 

I  close  the  account  in  my  diary  of  her  death  and  burial  in 
the  following  words  : 

"  I  have  thus  parted  with  my  dear,  faithful,  and  devoted  wife, 
and  if  there  is  truth  in  God,  and  God  is  true,  she  has  gone  to 
realms  of  bliss.  Holy  and  Heavenly  Father,  I  record  my  thanks 
to  thee,  that  thou  hast  allowed  the  beloved  companion  of  my  youth 
to  part  from  this  world  so  peacefully,  and  in  a  manner  so  consola- 
tory to  her  surviving  relatives.  I  also  thank  thee,  that  thou  hast 
sustained  me  during  this  severe  trial  and  time  of  intense  suffering, 
and  hast  consoled  me  with  so  many  holy  and  heavenly  reflections. 
Let  the  memory  of  the  death  of  my  dear  wife  never  pass  from  me, 
but  remain  a  constant  light  to  guide  me  on  the  way  to  heaven." 

To  show  that  Mrs.  Foot's  character  was  known  and  appre- 
ciated by  others,  the  following  obituary  notice,  written  by  a 
friend,  who  knew  her  well,  appeared  in  the  New  York  papers 
a  few  days  after  her  death  : 

OBITUARY. 

Departed  this  life  on  the  2d  instant,  at  the  residence  of  her 
brother-in-law,  Professor  Webster,  at  Geneva,  Ontario  County, 
Mrs.  Mariam  Foot,  consort  of  Samuel  A.  Foot,  Esquire,  of  this  city. 
Mr.  F.  and  lady  left  New  York  for  the  West  early  in  July  last,  in 
perfect  health.  After  spending  a  few  days  at  Geneva,  she  was 


136  AUTOBIOGRAPHY 

seized  with  a  bilious  intermittent  fever,  which  in  twelve  days  ter- 
minated fatally.  The  many  excellent  qualities  of  Mrs.  Foot  had 
endeared  her  to  a  numerous  circle  during  her  residence  among  us. 
Her  active  charities  and  unaffected  piety  will  long  shed  a  delight- 
ful fragrance  upon  her  memory,  and  endear  it  to  her  bereaved  rela- 
tives and  friends.  The  select  few  who  knew  and  justly  appreciated 
her  unostentatious  benevolence,  and  ardent  zeal  in  the  cause  of  pure 
and  undefiled  religion,  will  long  revere  her  unpretending  virtue 
and  deprecate  her  sudden  withdrawal  from  a  life  scrupulously  de- 
voted to  usefulness,  and  strikingly  displaying  the  Christian  graces. 
It  will  be  consoling  to  the  numerous  friends  and  admirers  of  this 
estimable  lady  to  know  that,  her  last  moments  were  peculiarly 
marked  by  calmness  and  resignation — portraying  at  that  trying 
hour,  as  she  illustrated  throughout  her  valuable  life,  a  strong  faith 
and  holy  confidence  in  the  merits  of  a  blessed  Eedeemer. 

The  Polyglot  Bible  she  gave  me,  and  which  I  used  daily  till 
impaired  vision  rendered  larger  print  necessary,  now  (1868) 
stands  in  my  library  by  the  side  of  her  pocket  hymn-book,  and 
where  they  will  stand  as  long  as  I  live.  A  pretty  musical 
box,  she  gave  me  the  year  before  she  died,  and  which  your 
dear  mother  had  repaired  and  put  in  order  for  me  some  years 
ago,  has  always  been  and  still  is  in  a  drawer  in  the  table  in  my 
library,  at  which  I  read  and  write.  It  has  occasionally  played 
"  Auld  Lang  Syne  "  and  "  The  Merry  Swiss  Boy,"  which  are 
the  only  tunes  with  variations  it  can  play. 

The  influence  which  this  faithful  and  devoted  wife  exerted 
over  me  for  good  in  my  early  manhood,  should  be  appreciated 
by  my  children  ;  for  they  and  their  dear  mother  received  the 
benefit  of  it  in  after  years,  for  thereby  I  was  made  a  better 
husband,  and  a  better  father. 

While  the  examination  of  the  students  of  the  college  was 
progressing,  at  the  close  of  the  term  preceding  the  commence- 
ment, I  frequently  attended,  and  occasionally  put  some  ques- 
tions. 

Mrs.  Foot,  early  in  the  day  before  her  death,  appeared 
somewhat  better,  and  I  went  to  the  church  and  delivered  the 
address  I  had  written.  This  address  was  received  with  unex- 


AND  COLLATERAL  REMINISCENCES.  137 

pected  favor.  The  first  edition  having  been  exhausted,  a 
second  and  larger  one  was  printed  and  sold.  It  is  No.  16  of 
"  Papers  Written  by  me."  There  are  appended  to  it,  the 
notices  taken  of  it  in  the  public  journals  and  periodicals.  In 
addition  to  these,  I  received  a  large  number  of  complimentary 
notices  of  it  in  letters  from  friends. 

One  from  the  Hon.  R.  H.  Walworth,  late  Chancellor  of 
this  state,  will  be  found  in  a  note  at  the  foot  of  this  page.  He 
has  now  (March,  1868)  gone  to  his  rest  and  reward.  His  ser- 
vices as  Judge  and  Chancellor  of  this  state  were  long  and 
valuable.  His  decisions  and  opinions  as  Chancellor  fill  no  less 
than  fourteen  volumes  of  reports.  They  deservedly  rank 
among  the  ablest  and  most  reliable  in  this  country.  They 
show  just  what  he  says  in  his  letter,  and  what  he  has  often 
said  to  me  in  social  intercourse,  (for  we  were  intimate  friends, 
as  I  have  before  stated,  from  early  manhood),  that  he  con- 
stantly felt  the  want  of  an  early  and  thorough  education.  His 
opinion  on  that  subject  is  entitled  to  the  highest  respect. 


ALBANY,  August  31st,  1832. 
DEAR  SIB  : 

I  have  just  finished  the  perusal  of  your  address  delivered  before  the 
societies  of  Geneva  College,  with  which  I  confess  I  am  highly  gratified. 
Having  through  life  most  deeply  felt  the  want  of  an  early  and  classical 
education,  which  appears  to  be  as  essential  to  the  attainment  of  highly 
interesting  and  persuasive  colloquial  powers,  as  to  the  acquisition  of  the 
art  of  good  public  speaking,  I  can  fully  appreciate  the  advantages  to  be 
derived  from  the  possession  of  the  forensic  talent,  as  well  as  the  latter.  I 
am  also  well  satisfied  that  conversational  talent,  though  generally  sup- 
posed to  be  the  peculiar  gift  of  nature,  is  not  such  in  reality  ;  that  it  may 
be  acquired  with  comparative  ease  by  a  proper  course  of  instruction  in 
our  primary  schools  and  other  seminaries  of  learning ;  and  much  may  be 
done  in  the  social  family  circle  by  a  little  attention  to  the  subject  by  well 
educated  parents.  As  but  few  children  among  us,  however,  can  have 
the  benefit  of  the  latter  mode  of  instruction,  it  becomes  the  more  impor- 
tant, that  those,  who  are  intrusted  with  the  education  of  our  youth  of 
either  sex,  should  qualify  themselves  for  the  task  of  cultivating  conver- 
sational talent  among  their  pupils. 


138  AUTOBIOGRAPHY 

I  remained  in  Geneva  till  the  5th  of  September.  My 
friends  were  kind  and  attentive.  They  warmly  sympathized 
with  me  in  my  bereavement,  and  I  enjoyed  and  was  consoled 
by  their  society.  My  time  was  passed  in  social  intercourse, 
riding,  walking,  occasionally  rowing  on  the  lake,  and  reading 
— mostly  in  my  Bible  and  books  of  a  religious  character  ;  while 
there  I  superintended  the  printing  of  my  address,  which  the 
societies  before  whom  it  was  delivered  had  decided  to  publish, 
and  requested  of  me  a  copy  for  that  purpose.  The  manner  of 
passing  portions  of  my  time  and  the  current  of  my  thoughts 
during  this  month  at  Greneva,  will  appear  by  and  by  when 
giving  an  account  of  my  religious  exercises. 

Mr.  and  Mrs.  Fowler,  their  daughters,  Louisa  and  Mary, 
and  I,  left  Geneva  in  carriages  on  the  morning  of  the  5th  of 
September  for  Albany.  We  went  by  an  interior  route,  through 
Ithaca,  Green,  Unadilla,  Cooperstown,  Cherry  Valley,  and 
Schoharie  to  Albany,  where  we  arrived  on  the  12th  of  Sep- 
tember. 

This  journey  was  through  an  interesting  portion  of  our 
state,  not  often  visited  by  travelers.  My  children  will  find  a 
full  account  of  it  in  my  diary.  I  turned  out  of  our  way  in 
Chenango  County  to  visit  an  only  surviving  paternal  uncle, 
but  unfortunately,  he  was  from  home  on  a  visit.  I,  however, 
saw  his  daughter,  my  cousin,  and  her  children. 

After  remaining  a  few  days  in  Albany,  I  went  to  New  York 
on  the  16th  of  September,  and  on  the  previous  invitation  of  a 
friend,  who  met  me  on  the  dock  on  the  arrival  of  the  boat,  I 
went  to  his  house  and  remained  with  him  and  his  family  till 
the  20th,  when  I  returned  to  Albany.  While  in  the  city 
many  of  my  friends  called  upon  me,  and  I  went  daily  to  my 
office  and  paid  some  attention  to  business.  I  went  once  with 
my  friend  to  my  own  house,  and  walked  through  it,  feeling 
deeply  the  absence  and  loss  of  Mrs.  Foot. 

I  remained  in  Albany  only  a  couple  of  days,  and  then  re- 
turned to  the  city,  and  took  possession  of  my  own  house.  My 
sister-in-law,  Louisa,  came  with  me,  and  in  a  few  days  her 


AND  COLLATERAL  REMINISCENCES.  139 

mother  came.  They  remained  with  me  till  the  8th  of  Octo- 
ber, when  they  returned  to  Albany. 

My  nephew  and  partner,  Henry  E.  Davies,  on  my  invita- 
tion, became  a  member  of  my  family,  when  I  resumed  the  oc- 
cupation of  my  house.  When  that  occurred,  I  again  devoted 
myself  to  my  profession.  My  time  from  then  to  the  end  of 
the  year  was  mainly  given  to  it,  and  in  the  city.  I  went  to 
Albany,  however,  on  business  four  times,  viz.,  on  the  4th  of 
October,  22d  of  November,  6th  and  19th  of  December ;  but 
each  time  to  argue  a  single  cause,  and  was  consequently  de- 
tained only  a  day  or  two  on  each  occasion. 

I  received  a  good  many  visits  from  friends,  and  visited 
occasionally  those  with  whom  I  was  most  intimate.  My  daily 
exercise  was  walking  on  the  Battery,  when  the  weather  would 
allow,  and  generally  alone,  though  I  sometimes  met  friends 
there,  and  walked  and  conversed  with  them.  My  sister,  Mrs. 
Scovill,  made  me  a  visit  of  eight  or  ten  days  at  the  end  of 
October  and  beginning  of  November.  While  she  was  with  me, 
I  allowed  myself  a  respite  from  professional  labor  from  the  2d 
to  the  7th  of  November,  on  a  visit  to  our  relatives  at  West 
Point  and  Albany. 

Politics  still  engaged  my  attention  to  a  limited  extent 
Before  going  to  Geneva,  and  after  my  return,  I  maintained  an 
active  correspondence  with  prominent  members  of  our  party. 
Copies  of  some  of  my  letters  to  them,  and  some  of  their  letters 
to  me,  are  among  my  letters  of  this  year.  I  also  often  attended 
in  the  evening  small  meetings  of  political  friends  in  the  city 
for  consultation. 

I  will  now  give  an  account  of  my  spiritual  exercises  and 
progress,  that  my  dear  children  may  see,  how  gradually,  yet 
how  steadily  and  effectively,  and  by  what  instrumentality,  the 
spirit  of  my  God  wrought  a  change  in  my  heart,  and  brought 
me  into  the  fold  of  the  divine  Shepherd.  This  account  will  be 
given  from  entries  made  in  my  diary  as  my  progress  advanced. 

The  following  entries,  in  addition  to  those  before  given  in 
this  biography,  will  show  the  state  of  my  religious  feelings  be- 
fore leaving  New  York  for  Geneva  : 


140  AUTOBIOGRAPHY 

April  15th,  Sunday.  After  giving  an  account  of  the  manner 
of  spending  the  day. — "  On  the  whole,  I  passed  the  Sabbath  in  a 
better  manner  than  usual,  and  I  return  thanks  to  my  Heavenly 
Father  for  leading  me  to  a  consideration  and  examination  of  those 
things,  which  relate  to  my  future  destiny." 

May  13th,  Sunday.  After  an  account  of  the  way  in  which  the 
Sabbath  was  spent,  in  which  I  mention  that  my  thoughts  in 
church  "  wandered  from  the  duties  of  the  day  to  the  topic  of  my 
intended  address  at  Geneva,"  I  say — "  The  day  was  poorly  spent, 
and  the  record  of  it  shows  me,  hoAV  miserably  devoted  I  am  to  the 
concerns  of  this  life.  I  hope  my  Heavenly  Father  will  have  mercy 
and  forgive  me  for  my  Eedeemer's  sake." 

May  28th,  Monday. — "I  began  my  address  this  evening,  and  I 
pray  my  Heavenly  Father  to  smile  upon  and  bless  this  attempt  at 
usefulness  in  a  new  sphere." 

August  3d,  Friday.  The  day  after  Mrs.  Foot's  death. — "  Last 
evening  at  my  own  request  I  made  a  prayer  before  the  family,  and 
with  God's  blessing,  I  hope  to  make  such  preparation  as  will  en- 
able me  to  die  as  my  beloved  wife  did,  at  peace  with  God  and 
man.  *  *  *  The  Kev.  Henry  Dwight,  of  this  village,  came  in 
this  evening  and  conversed  nearly  two  hours  with  me,  on  the  sub- 
ject of  redemption  by  the  Saviour.  He  presented  it  in  several  new 
lights  to  me,  and  made  my  dear  Kedeemer  appear  more  precious 
than  my  own  previous  reflections  had  done,  and  also  the  plan  of 
salvation  more  reasonable  and  consistent  with  the  principles  of 
criminal  law,  than  I  had  been  in  the  habit  before  of  regarding  it. 
Indeed,  I  had  never  tried  to  test  it  in  that  way.  I  this  morning 
again  made  a  prayer  in  the  presence  of  the  family." 

August  4th,  Saturday. — "  The  morning  of  this  day  was  passed 
by  reading  in  the  Bible  given  me  by  my  dear  Mariam,  reflecting 
on  her  memory  and  topics  allied  to  it.  *  *  *  After  dinner  I 
took  a  long  stroll  in  the  woods,  and  most  of  my  reflections  were 
directed  to  the  memory  of  my  departed  wife,  and  to  my  Christian 
hopes.  *  *  *  I  made  the  prayer  for  the  evening." 

August  5th,  Sunday. — "  This  morning  I  commenced,  what  I  in- 
tended to  pursue,  and  shall  note  any  material  departure  from  it, 
viz.,  to  read  a  chapter  in  the  little  Polyglot  Bible  left  to  me  by  my 
dear  departed  wife,  and  offer  a  silent  prayer.  I  did  the  same  be- 
fore going  to  rest  last  night,  but  to  this  I  shall  not  probably  adhere 


AND  COLLATERAL  REMINISCENCES.  141 

so  steadily,  as  the  fatigues  of  the  day  and  evening,  and  the  engross- 
ment of  my  mind  with  business  may  render  it  often  at  night  in  an 
unfit  frame  for  such  a  duty." 

August  17th. — "  This  is  the  anniversary  of  my  wedding.  Four- 
teen years  ago  to-day,  Mrs.  Foot  and  I  were  married.  We  had 
nearly  fourteen  years  of  happiness  and  prosperity.  She  died  only 
fifteen  days  short  of  this  time.  I  thank  my  Heavenly  Father  for 
his  goodness  in  this  respect,  and  entreat  that  He  will  not  leave  me 
nor  forsake  me  in  my  loneliness,  but  for  Christ's  sake  pardon  and 
receive  me,  and  guide  and  direct  me  in  all  my  ways." 

August  26th,  Sunday. — "  I  passed  the  day  only  tolerably  well. 
My  thoughts  would  steal  from  heavenly  objects  to  earthly  ones.  I 
pray  my  Heavenly  Father  to  forgive  me  for  this  abuse  of  his  holy 
day,  for  my  Kedeemer's  sake.  *  *  *  I  commenced  some  days 
since,  as  I  mentioned,  regular  reading  of  the  Bible  in  the  morning. 
I  find  it  most  happy  for  me,  and  have  added  to  it,  Jay's  Exercises, 
which  are  excellent." 

September  23d,  Sunday. — "  The  sacrament  of  the  Lord's  sup- 
per was  administered  in  our  church  this  morning.  In  the  course 
of  the  exercises,  Dr.  Phillips  alluded  affectionately  and  compli- 
mentarily  to  my  dear  Mariam.  This  Sabbath  has  been  passed  by 
me  better  than  any  previous  one.  My  thoughts  were  generally 
right,  while  at  home,  and  pure  and  holy  while  in  church." 

September  24th,  Monday. — "  Eead  in  the  Bible  and  Jay's  Exer- 
cises, in  company  with  Louisa,  also  prayers  with  her.  *  *  *  In 
this  manner  I  intend  to  spend  all  my  mornings  as  long  as  she  re- 
mains with  me." 

September  25th,  Tuesday. — "  This  evening,  for  the  first  time  in 
my  life,  I  read  a  chapter  and  made  a  prayer  with  Louisa  before  go- 
ing to  rest." 

October  14th,  Sunday. — "  Came  to  a  conclusion  yesterday,  to 
read  the  Old  Testament  through  carefully.  Bead  the  first  chapter 
of  Genesis  this  morning,  and  Scott's  notes  upon  it." 

October  21st,  Sunday.  After  an  account  of  the  manner  of 
spending  the  day. — "  At  the  close  of  the  evening,  my  love  for  my 
Saviour  was  more  sensible  to  me  than  ever  before." 

November  28th,  Wednesday. — "  The  evening  was  spent  in  con- 
versation with  Dr.  Phillips,  who  passed  it  with  me  by  appointment. 
Our  conversation  was  interesting." 


142  AUTOBIOGRAPHY 

December  4th,  Tuesday.— "  Called  by  appointment  on  Dr. 
Phillips,  and  expressed  to  him  my  desire  to  join  the  church  on  the 
next  Sabbath.  He  is  to  propose  me  to  the  session  to-morrow. 
This  is  an  important  step,  and  I  fear  too  hastily  taken,  though  it 
has  occupied  my  thoughts  at  times  for  years.  I  trust  in  the  atone- 
ment of  my  dear  Kedeemer,  and  rely  upon  Hun  to  sustain  me. 

0  my  Heavenly  Father,  wilt  thou  not  leave  me,  nor  forsake  me, 
nor  let  me  dishonor  thy  cause ;   and  when  thy  will  is  done  as  to 
me  here  below,  take  me  to  thy  mansion  in  heaven,  for  Christ's 
sake." 

December  9th,  Sunday. — "  I  joined  the  church  this  day,  and  for 
the  first  time  partook  of  the  Lord's  supper.  0  God,  help  me  to 
carry  myself  through  life  as  becomes  one  of  thy  avowed  children. 

1  place  my  trust  on  thee  and  in  the  merits  of  my  dear  Eedeemer." 

My  sister-in-law,  Louisa  Fowler,  now  (1868)  Mrs.  Bartlett, 
of  Boston,  Mass.,  a  lady  of  talent  and  piety,  and  was  so  in  the 
year  1832.  She  was  of  great  service  to  me  in  directing  my 
thoughts  heavenward  after  her  sister's  death. 

The  following  entry  was  added  to  my  diary  at  the  close  of 
the  year : 

"I  ought  to  add,  that  my  sister-in-law,  Louisa  Fowler,  has  been 
a  sincere  friend,  and  faithful  counsellor  to  me  since  the  death  of 
my  dear  Mariam,  and  an  efficient  instrument,  under  God,  in  bring- 
ing me  into  his  visible  church.  For  this  I  feel  grateful  to  her,  and 
here  record  my  thanks." 

December  17th,  Monday.  My  birthday. — "I  have  passed  this 
day  better  than  usual.  My  thoughts  have  been  usefully  employed 
during  almost  the  whole  of  it.  It  is  my  birthday,  and  I  have  re- 
solved on  a  better  use  of  my  time,  talents,  and  information.  Last 
night  I  commenced  prayers  before  all  my  family,  and,  God  will- 
ing, shall  continue  them.  I  commenced  this  day  my  forty-third 
year.  What  a  long  and  unprofitable  life  I  have  led." 

December  31st,  Monday.— "  This  day  finishes  another  year. 
The  manner  in  which  I  have  spent  it,  and  the  scenes  through 
which  I  have  passed,  are  recorded  in  this  diary.  While  my  Heav- 
enly Father  has  sorely  afflicted  me,  He  has  been  most  merciful, 
and  thanks  be  to  his  name,  for  having  called  me  into  his  spiritual 


AND  COLLATERAL  REMINISCENCES.  143 

family,  and  led  me  to  hope,  that  I  shall  have  the  holy  and  inde- 
scribable pleasure  of  meeting  my  dear  wife  and  daughter  in  His 
Heavenly  mansions.  I  pray  God  to  forgive  my  numerous  offences 
during  the  past  year,  and  preserve  me  from  evil  during  the  coming 
one,  for  Christ's  sake." 

With  all  the  sanctifying  influences  above  described,  sur- 
rounding me,  and  pressing  me  into  a  holy  and  useful  life,  I  yet 
was  far  from  reaching  the  true  standard  of  Christian  duty,  as 
the  following  entries  in  my  diary  will  show  : 

September  2d,  Sunday. — "  I  read  some  during  the  day,  but  on 
the  whole  it  was  not  spent  as  it  ought  to  have  been.  I  will,  if  my 
life  is  spared,  spend  the  next  Sabbath  in  a  more  becoming  man- 
ner." 

November  13th,  Tuesday. — "  I  have  latterly  passed,  or  rather 
wasted,  a  great  deal  of  time  in  idle  musing,  which  I  must  and  will 
correct." 

November  26th,  Monday. — "  From  this  day  forward,  I  am  re- 
solved to  be  more  self-denying  in  respect  to  my  food,  and,  indeed, 
to  be  temperate  in  all  things." 

December  23d,  Sunday.— "The  day  was  tolerably  well  spent. 
I  was  beset  frequently  with  vain  and  idle  thoughts.  I  pray  my 
Heavenly  Father  to  give  me  grace,  and  the  powerful  influence  of 
the  Spirit  to  subdue  this  besetting  propensity." 


1833. 

My  professional  engagements  this  year  were  similar  in 
character  to  those  of  the  previous  year  or  two.  Whatever 
change  there  was,  consisted  in  their  increased  importance. 
They  occupied  about  the  same  amount  of  my  time.  They 
were  confined  mainly  to  the  city,  yet  took  me  more  frequently 
to  Albany,  and  kept  me  there  longer  than  in  the  previous 
year,  and  once  to  Saratoga  Springs,  before  the  Chancellor,  at 
his  residence. 

My  social  duties  and  enjoyments  occupied  a  considerable 
portion  of  my  time.  My  relatives  and  a  few  intimate  friends 


144  AUTOBIOGRAPHY 

out  of  the  city  visited  me  and  lodged  at  my  house,  more  than 
usual.  A  few  of  my  most  intimate  friends  in  the  city,  both 
ladies  and  gentlemen,  occasionally  dined,  took  tea,  or  passed 
an  evening  with  me  ;  but  my  principal  visiting  was  with  my 
friends  in  the  city  at  their  residences.  They  were  very  kind 
and  attentive  to  me.  While  I  attended  no  large  parties,  I 
often  dined,  took  tea,  and  passed  social  hours  and  evenings 
with  them.  All  these  visits  are  mentioned  in  my  diary,  and  if 
my  children  look  at  them,  they  will  see,  that  my  associations 
were  of  the  best  kind  ;  and  they  will  also  see,  that  to  some  ex- 
tent, they  were  this  year  of  a  religious  character. 

On  Monday  evening,  the  llth  of  February,  I  called  to  see 
your  aunt  Eliza,  having  previously  become  acquainted  with 
her.  She  introduced  me  to  her  father,  and  the  members  of  his 
family.  Among  them,  was  her  sister,  Jane,  your  dear  mother. 
This  was  the  commencement  of  an  acquaintance  which  ripened 
into  an  attachment,  and  was  crowned  with  uninterrupted  con- 
nubial happiness  for  thirty-two  years  and  upwards.  Before 
this  introduction  to  your  mother,  I  had  noticed  her  often  at 
church,  where  her  lady-like  bearing  and  pleasant  expression  of 
face  had  attracted  my  attention. 

Latin  and  French  received  no  attention  from  me  as  studies 
this  year.  My  mornings  were  passed  in  the  manner  hereinbe- 
fore stated. 

Politics  took  up  but  little  of  my  time.  Anti-Masonry  had 
accomplished  its  main  object,  viz.,  the  destruction  of  Masonry 
as  then  organized,  and  did  not  furnish  a  basis,  or  object,  for  a 
continued  and  successful  national  party. 

The  colonizing  of  the  free  people  of  color  continued  to  in- 
terest me.  I  attended  the  meetings  of  the  managers  of  the 
society,  and  gave  the  enterprise  what  aid  I  could. 

Being  always  a  lover  of  music,  singing  became,  after  I 
united  with  the  church,  one  of  the  most  agreeable  and  accepta- 
ble parts  of  worship,  and  I  earnestly  desired  to  be  able  to  en- 
gage in  it.  Although  without  any  natural  adaptation  to  the 
performance  of  music,  I  yet  resolved  to  make  an  effort  to  learn 
to  sing,  and  for  that  purpose,  early  in  February,  employed  the 


AND  COLLATERAL  REMINISCENCES.  145 

chorister  of  our  church  to  attend  me  at  my  house  and  teach 
me  to  sing.  He  did  so.  I  applied  myself  vigorously  to  the 
study  of  music,  beginning  with  the  elements.  My  teacher 
continued  his  attendance  and  instruction,  whenever  I  had  an 
evening  to  give  him,  until  the  beginning  of  July,  when  I  left 
the  city  for  my  summer's  recreation.  I  acquired  a  thorough 
knowledge  of  the  rules  and  principles  of  music,  and  succeeded 
in  learning  to  sing  several  of  the  tunes  which  were  used  in  the 
services  of  our  church,  but  failed  to  become  an  adept,  and  at 
last,  had  to  acknowledge  that  music  was  an  art  beyond  my 
power  to  acquire. 

Early  in  January,  I  was  invited  by  "The  Mercantile 
Library  Association "  to  deliver  a  lecture  in  their  winter's 
associate  course.*  I  accepted  the  invitation. 

The  subject  on  which  I  was  requested  to  lecture,  was 
"  The  Influence  of  Mercantile  Character  on  our  Political  In- 
stitutions." This  necessarily  led  me  to  inquire  what  was  "  True 
Mercantile  Character."  The  subject  of  my  lecture  hence  became 
"True  Mercantile  Character,  and  its  Influence  on  our  Political 
Institutions."  It  was  too  long  to  be  delivered  at  one  time. 
The  first  part  was  delivered  on  the  evening  of  the  8th,  and  the 
other  on  the  evening  of  the  14th  of  March.  The  audience  was 
large,  and  the  lecture  was  received  with  great  favor.  The 

*  This  course  was  announced  as  follows: — MERCANTILE  LIBRARY 
ASSOCIATION. — The  directors  of  this  most  valuable  institution,  with  a  zeal 
and  intelligence  worthy  of  their  great  object,  have  made  arrangements  for 
continuing  through  the  coming  winter,  the  lectures  that  were  so  numer- 
ously attended,  and  gave  such  general  satisfaction  last  year.  We  under- 
stand that  it  is  their  intention  this  season,  in  addition  to  the  regular, 
to  have  an  associate  course,  consisting  of  two  lectures  on  Mental  Phi- 
losophy, by  the  Hon.  G.  C.  Verplank ;  one  by  Professor  Torrey,  on  Gas 
Illumination ;  two  by  Professor  McVickar,  on  Moral  Science ;  two  on 
Usury,  by  W.  B.  Lawrence,  Esq. ;  one  or  more  by  Professor  Douglas,  on 
Architecture  ;  and  concluding  with  two  discourses  by  S.  A.  Foot,  Esq., 
upon  the  Influence  of  Mercantile  Character  on  our  Political  Institutions. 
Professor  Vethake  will  deliver  the  regular  course,  the  subject  of  which 
will  be  History.  An  Introductory  Lecture  by  the  Rev.  Dr.  Matthews, 
will  be  delivered  on  Friday. 
10 


146  AUTOBIOGRAPHY 

Association  awarded  me  their  thanks.*  The  lecture  was  after- 
wards published  at  the  request  of  several  prominent  and 
influential  merchants  and  widely  circulated. 

It  is  No.  17  of  "  Papers  Written  by  me."  Appended  to 
it  are  some  notices  of  it  in  the  public  journals. 

Early  in  January,  I  was  requested  to  address  a  public 
meeting,  called  to  aid  in  circulating  the  Bible  in  foreign  coun- 
tries. I  declined,  as  I  say  in  my  diary,  "because  I  did  not 
think  it  became  me  to  be  conspicuous  as  a  professing  Chris- 
tian, while  as  actively  engaged  as  I  was  in  my  profession,  lest 
I  might  dishonor  my  Master's  name/'  A  few  days  afterwards, 
my  pastor,  the  Rev.  Dr.  Phillips,  proposed  to  me  to  lead  occa- 
sionally in  prayer  at  our  prayer  meetings ;  and  early  in  March 
solicited  me  to  accept  an  eldership  in  our  church,  both  of 
which  I  declined,  for  the  same  reason,  that  had  restrained  me 
from  making  public  addresses  at  religious  meetings.  In  all 
this,  I  greatly  erred.  More  correct  views  of  my  duty,  and 
probably  stronger  and  more  unreserved  love  for  my  Saviour 
induced  me  in  subsequent  years,  freely  to  take  a  part  in  prayer 
meetings,  make  addresses  in  religious  assemblies,  and  accept 
an  eldership  in  the  church. 

As  soon  as  the  canal  was  opened  in  the  spring,  Mrs.  Foot's 
remains  were  removed  from  Geneva  to  Albany.  My  brother- 
in-law,  Prof.  Webster,  accompanied  them.  I  met  him  with 
them  some  miles  west  of  Schenectady,  relieved  him  of  the 

*  Their  thanks  were  communicated  in  the  following  note  : 

NEW  YORK,  April  8th,  1833. 
SAMUEL  A.  FOOT,  Esq. 

SIR  : — I  have  the  honor  to  hand  you  a  copy  of  a  resolution,  unani- 
mously adopted  at  a  regular  meeting  of  the  Board  of  Direction  of  the 
Mercantile  Library  Association,  held  at  Clinton  Hall,  April  6th,  1833. 

"Resolved,  That  the  thanks  of  the  Directors  be  communicated  to 
Samuel  A.  Foot,  Esq.,  for  the  eloquent  and  interesting  Lectures,  recently 
delivered  by  him,  before  the  members  of  the  Mercantile  Library  Asso- 
ciation." 

By  order, 

JAMES  M.  PEASE,  Secretary. 


AND  COLLATERAL  REMINISCENCES.  147 

charge,  and  attended  them  to  Albany.  They  were  interred, 
on  the  29th  of  April,  by  the  side  of  those  of  our  little  daugh- 
ter, as  I  have  already  mentioned. 

On  the  15th  of  June,  I  purchased  a  horse  and  light  buggy 
wagon.  Previous  to  that,  my  exercise  was,  as  usual,  by  walk- 
ing on  the  Battery,  generally  alone,  but  occasionally  met 
friends  there  and  walked  and  conversed  with  them  ;  but  after- 
wards my  exercise  was  divided  between  walking,  and  riding, 
e«ther  on  horseback,  or  in  my  wagon. 

On  the  3d  of  July,  I  went  out  to  Eastchester,  and  spent  a 
couple  of  days  at  Mr.  Fowler's,  to  avoid  the  noise  and  bustle 
of  the  city  on  the  4th,  and  recreate.  I  fished  and  rambled 
over  the  fields.  On  the  10th  of  that  month,  I  left  the  city  in 
my  wagon  with  a  servant,  for  my  summer's  recreation.  My 
first  stop  was  at  Eastchester,  at  Mr.  Fowler's,  where  I  staid 
two  days,  one  of  which  was  passed  with  some  friends  in  the 
neighborhood.  From  there  T  crossed  over  to  Greensburgh,  on 
the  Hudson  river,  and  spent  three  days  with  my  friends,  Mr. 
and  Mrs.  Constant,  who  had  a  beautiful  place  on  the  bank  of 
the  river.  This  visit  was  a  very  pleasant  one.  Mr.  Constant 
and  I  spent  nearly  the  whole  of  one  day  fishing  for  trout,  and 
with  fair  success.  From  Greensburgh,  I  proceeded  up  the 
river  to  Peekskill,  stopping  at  Sing  Sing  to  see  the  prison.  I 
dined  there  with  some  friends  at  the  hotel,  and  after  dinner, 
visited  my  friends,  General  and  Mrs.  Aaron  Ward.  From 
Peekskill  I  passed  through  the  Highlands  to  Fishkill.  The 
scenery  on  this  ride  was  impressive.  I  stopped  at  Fishkill 
only  to  dine,  and  then  went  down  to  Fishkill  Landing,  where 
several  of  my  intimate  lady  friends  from  the  city,  were  pass- 
ing the  summer  at  lodgings.  I  called  on  them.  We  took 
a  ride  to  the  cascade.  After  viewing  it,  we  rode  to  Breakneck 
Point.  The  ride  was  charming,  and  the  landscapes  magnifi- 
cent. I  took  tea  and  spent  the  evening  with  them.  My  diary 
of  that  day,  being  Wednesday,  the  17th  of  July,  ends  as  fol- 
lows : 

"  The  day  has  been  beautiful.  I  have  seen  a  succession  of 
splendid  landscapes,  and  the  abundance  and  fullness  of  the 


148  AUTOBIOGRAPHY 

earth.     Fishkill  and  the  surrounding  country  are  magnificent. 

0  God,   how  rich  and  merciful  are   thy  provisions  for  thy 
creatures  ! " 

I  passed  another  day  with  these  friends  at  the  Landing, 
and  visited  with  them  some  mutual  friends  across  the  river  at 
Newburgh.  On  the  morning  of  the  19th  of  July,  I  left  Fish- 
kill,  proceeded  over  the  hills,  across  the  country  to  Watertown, 
Conn.,  to  visit  my  sister  Scovill  and  her  husband,  and  arrived 
there  the  next  day  in  the  afternoon.  The  residue  of  the  month 
was  spent  at  this,  my  native  place,  visiting,  receiving  visits, 
reading,  fishing,  riding,  walking,  and  making  short  excursions 
in  the  vicinity  with  my  sister  and  the  members  of  her  family. 

On  the  1st  of  August  I  left  Watertown  for  Albany,  and 
arrived  there  the  next  day  in  the  afternoon.  My  stay  in  Al- 
bany continued  till  the  12th  of  August.  While  there  I  argued 
a  couple  of  causes,  and  went  up  to  Saratoga  Springs,  and 
argued  another  before  the  Chancellor  at  his  residence.  I  also 
superintended  the  erection  of  a  monument,  previously  ordered, 
over  the  remains  of  Mrs.  Foot  and  our  little  daughter,  and  saw 
it  completed. 

On  leaving  Albany,  I  took  leave  of  Mr.  and  Mrs.  Fowler, 
and  said  to  them,  if  I  did  not  visit  them  thereafter  as  often  as 

1  had  done,  they  "  must  not  attribute  it  to  any  diminution  of 
my  interest  in,  or  respect  for  them." 

I  went  up  to  Ballston  to  visit  my  nephew,  James  Edwards, 
and  his  family,  and  my  niece,  Mrs.  Booth,  her  husband  and 
family,  and  remained  there  till  the  23d  of  August.  While 
there,  I  went  up  to  Corinth  to  visit  my  brother  in-law,  Isaac 
Edwards,  and  his  family,  and  passed  a  day  with  them. 

On  the  23d  of  August,  I  returned  to  Albany,  spent  a  few 
hours  visiting  my  relatives,  put  my  horse  and  wagon,  and  went 
myself,  on  board  a  steamboat,  arrived  in  New  York  the  next 
morning,  and  "  found  my  family  and  property  all  safe,  and 
myself  in  good  health." 

My  children  will  find  in  my  diary  an  account  in  detail  of 
this  journey.  It  closed  my  recreation  for  the  year,  except 
when  on  my  way  to  Albany  on  professional  business  in  Novem- 


AND  COLLATERAL  REMINISCENCES.  149 

ber,  I  stopped  at  West  Point,  and  passed  a  day  with  my  rela- 
tives and  friends. 

While  passing  a  few  days  in  Albany  on  professional  busi- 
ness, at  the  close  of  October,  I  attended  a  temperance  meeting 
on  the  evening  of  the  31st  of  that  month,  at  which  the  duty 
and  advantage  of  signing  the  temperance  pledge  were  dis- 
cussed. Being  convinced  that  it  was  my  duty  to  sign  the 
pledge,  I  did  so,  although  I  had  acted  on  it  for  years. 

"  The  New  England  Society  of  New  York,"  this  year,  cele- 
brated the  anniversary  of  "  The  Landing  of  the  Pilgrims,"  on 
the  evening  of  the  23d  of  December,  the  22d  being  Sunday. 
I  attended,  became  a  member  of  the  Society,  and  to  my  sur- 
prise, was  that  evening  elected  their  first  Vice-President.  The 
President  being  absent,  I  presided  at  the  dinner,  and  for  the 
first  time  in  my  life  asked  a  blessing  in  public.  In  response 
to  a  complimentary  toast,  I  delivered  a  short  address. 

My  deficiencies  as  a  Christian  seemed  to  me  this  year  to 
have  increased,  but  whether  they  did  so  in  fact,  or  not,  they 
certainly  became  more  apparent  to  me.  I  often  deplored  them, 
prayed  earnestly  for  forgiveness,  and  for  divine  aid  in  living  a 
holier  and  better  life.  My  greatest  delinquencies  seemed  to 
be  in  keeping  the  Sabbath  holy.  Only  a  very  few  of  my  Sab- 
baths were  satisfactorily  spent.  Yet  there  were  times,  when 
communion  with  my  God  was  near,  sweet  and  refreshing  to 
my  spirit,  and  when  my  love  for  my  Saviour  was  ardent  and 
absorbing.  My  spiritual  life  was  a  constant  conflict,  in  which 
the  natural  evil  of  my  heart,  and  my  worldly-mindedness,  re- 
sisted all  holy  influences,  and  so  effectually,  as  sometimes  to 
lead  me  to  fear,  that  I  had  not  been  "  born  again." 

The  entries  in  my  diary,  which  were  faithfully  made,  will 
show  all  this.  I  will  give  a  few  of  them  : 

January  20th,  Sunday.  After  a  statement  of  the  manner  in 
which  the  day  had  been  spent.— "I  find  that  I  draw  nearer  to  my 
God  and  Saviour,  and  take  greater  pleasure  in  His  service.  For 
this  I  thank  my  Heavenly  Father." 

January  27th,  Sunday.  After  stating  the  manner  of  spending 
the  day.— "My  thoughts  were  not  devoted  to  the  duties  of  the  day 


150  AUTOBIOGRAPHY 

as  they  ought  to  have  been.  I  have  to  throw  myself  on  this,  as  on 
other  occasions,  upon  the  mercy  of  my  Heavenly  Father,  and  the 
merits  of  my  Kedeemer." 

February  17th,  Sunday.  After  an  account  of  the  day. — "  Spent 
the  Sabbath  better  than  I  have  for  some  time  before,  though  by 
no  means  as  well  as  I  could  wish." 

May  4th,  Saturday. — On  my  return  from  Albany,  where  I 
went  near  the  end  of  April,  to  receive  the  remains  of  Mrs. 
Foot  on  their  arrival  from  Geneva,  and  attend  them  on  their 
re-interment,  I  stopped  at  West  Point  a  couple  of  days  with 
my  relatives  and  friends,  and  reached  home  on  the  morning  of 
the  4th  of  May.  My  diary  of  that  day  closes  as  follows  : 

"For  the  preservation  of  my  health,  the  continuance  of  my  life, 
being  permitted  to  enjoy  the  society  of  my  friends  and  relatives, 
and  return  in  peace  to  my  home,  I  thank  my  Heavenly  Father, 
and  pray  Him,  for  my  Saviour's  sake,  to  forgive  all  my  offences." 

July  10th,  Wednesday. — "  On  leaving  home  to-day,  I  saw  many 
evidences  of  the  value  I  am  to  my  business  friends  and  others.  I 
thank  my  Heavenly  Father  for  the  many  favors  he  has  bestowed 
on  me ;  desire  to  commit  myself  unreservedly  to  Him,  and  pray 
Him,  for  my  Saviour's  sake,  to  watch  over  me,  pardon  and  finally 
accept  of  me." 

August  2d,  Friday.  The  first  anniversary  of  Mrs.  Foot's  death. 
— "  My  thoughts  and  reflections  during  this  day  were  pure,  and  as 
they  ought  to  be,  most  of  the  time.  They  were  often  directed  to 
the  memory  of  my  Mariam.  I  thank  my  kind  and  Heavenly 
Father,  that  He  has  carried  me  through  a  year  of  loneliness,  and 
deep  suffering  a  portion  of  the  time,  without  permitting  any  serious 
misfortune  to  assail  me.  I  entreat  Him,  for  my  Saviour's  sake,  to 
forgive  my  many  offences,  and  continue  His  care  and  protection 
over  me." 

September  22d,  Sunday.  Will  give  the  whole  of  my  exercises 
this  day : 

"  This  day  was  one  of  special  service  in  our  church.  The  com- 
munion was  administered.  I  had  deep  apprehensions  of  my  un- 
worthiness,  but  in  the  course  of  the  day  had  clearer  views  of  my 
Kedeemer's  offices  than  ever  before.  The  day  was  devoted  to 


AND  COLLATERAL  REMINISCENCES.  151 

reading  and  reflections  suitable  to  it.  I  was  disturbed  by  worldly 
thoughts  crowding  in  upon  me,  but  on  the  whole,  was  greatly 
benefited  by  the  services  of  the  day." 

October  20th,  Sunday.  Will  give  the  day  in  part.—"  The  cause 
in  which  I  was  engaged  the  three  last  days  of  last  week  not  being 
through,  it  rested  on  my  mind  and  kept  the  subjects  peculiar  to 
the  day  out  of  it  more  than  usual.  I  pray  my  God,  for  my 
Saviour's  sake,  to  forgive  me  this  violation  of  his  commandment, 
"  to  keep  the  day  holy." 

December  22d,  Sunday.  After  a  full  account  of  the  way  in 
which  the  day  was  spent,  I  say : — "  Thus  it  appears,  that  I  have 
spent  this  Sabbath  better  than  I  have  done  before  to  my  recpllec- 
tion,  and  I  thank  my  God  for  it/' 

December  31st,  Tuesday. — "This  day  ends  another  of  my 
years.  It  has  been  filled  with  mercies  to  me,  and  sins  by  me.  It 
has  taught  me  more  fully  the  weakness  and  wickedness  of  my 
heart,  and  led  me  to  more  fixed  resolutions  for  amendment.  It 
has  also  been  full  of  incidents,  which  have  taught  me  the  goodness 
and  supervision  of  my  God.  I  thank  Him  for  his  mercies  and 
goodness,  and  pray  Him  to  take  me  more  wholly  to  Himself,  for 
my  Kedeemer's  sake." 

I  will  conclude  this  year  with  some  entries  in  my  diary, 
showing  my  efforts  for  amendment. 

August  18th,  Sunday. — Was  at  Ballston,  and  heard  an 
able  sermon  from  Mr.  McMasters.  It  led  me  to  reflection, 
and  the  following  entry  in  my  diary  : 

"  My  last  year  has  been  in  many  respects  unsatisfactory  to  me. 
Many  hours  have  been  most  unprofitably  spent.  I  shall  endeavor 
to  amend  in  this  respect,  and  when  I  return  to  my  dwelling,  hope, 
that  with  God's  blessing,  I  may  live  more  in  accordance  with  his 
word." 

August  25th,  Sunday.  After  mentioning  that  I  had  taken  a 
short  nap  in  the  intermission,  I  say : — "  This  practice  of  sleeping 
in  the  daytime,  I  am  resolved  to  overcome." 

December  17th,  Tuesday.  My  birthday. — "This  being  my 
birthday,  I  have  given  considerable  reflection  to  my  course  of  life, 
and  find  too  much  to  condemn.  My  deficiencies  almost  overwhelm, 
me.  Once  more,  with  God's  help,  I  solemnly  resolve  to  amend. 


152  AUTOBIOGRAPHY 

0  my  Heavenly  Father,  do  not  enter  into  judgment  with  me,  but 
give  me  thy  grace  and  aid  to  amend  my  life.  I  ask  it  for  thy  dear 
Son's  sake." 


1834. 

This  year  was  distinguished  by  an  event,  which  laid  the 
foundation  of  the  family  of  which,  my  children,  you  are  mem- 
bers. That  event  was  my  marriage  with  your  mother,  on 
Tuesday,  the  1st  day  of  July.  Some  other  less  marked  events 
occurred  during  the  year,  but  which,  nevertheless,  had  their 
influence  on  my  character  and  usefulness.  Prominent  among 
them  was  the  overcoming  of  my  reluctance  to  address  public 
assemblies  on  religious  topics.  All  these  events  will  be  men- 
tioned in  this  account  of  the  year. 

My  time  in  the  city  was  spent,  mainly,  as  in  the  preceding 
year,  and  divided  nearly  in  the  same  proportions  between  my 
profession,  social  duties,  and  general  reading.  My  social 
duties,  after  your  mother  and  I  returned  from  our  wedding 
tour  and  commenced  life  together  in  the  city,  required  some 
more  of  my  time  than  theretofore,  as  our  circle  of  friends  and 
relatives  were  increased  by  the  addition  of  hers  to  mine. 

Professional  engagements  took  me  from  the  city  only  three 
times  during  the  year.  Twice  to  Albany,  from  January  8th 
to  February  1st,  and  from  November  22d  to  December  2d,  and 
once  to  Poughkeepsie,  from  the  18th  to  the  25th  of  October. 

A  few  duties,  which  partook  somewhat  of  the  character  of 
public  trusts,  took  up  some  portion  of  my  time  this  year.  I 
was  on  a  committee  in  February  to  prepare  a  new  constitution 
and  body  of  by-laws  for  the  New  England  Society.  I  drew 
them  and  reported  the  by-laws  to  a  meeting  of  the  officers  of 
the  Society,  on  the  evening  of  the  4th  of  March,  when  they 
were  adopted.  The  officers  supped  together  that  evening.  I 
presided,  the  President  being  absent,  and  asked  a  blessing, 
saying  "  as  we  claimed  to  be  descendants  of  the  Pilgrims,  we 
would  not  neglect  the  best  part  of  their  example."  In  the 


AND  COLLATERAL  REMINISCENCES.  153 

course  of  the  evening,  I  delivered  a  short  address.  In  Decem- 
ber, I  was  chairman  of  a  committee  of  arrangements  of  that 
Society,  for  the  annual  celebration  and  dinner  on  the  22d  of 
that  month.  The  toasts  and  letter  of  invitation  to  guests  were 
written  by  me. 

To  give  my  children  a  true  type  of  New  England  senti- 
ments at  that  time,  I  have  placed  among  "  Papers  Written  by 
me,"  a  copy  of  the  toasts  and  letter  of  invitation,  and  added 
answers  to  the  invitation  from  ex-Presidents  James  Madison 
and  John  Q.  Adams,  Chief  Justice  Shaw,  and  Daniel  Webster. 
They  are  No.  18  of  "  Papers  Written  by  me." 

I  was  elected  a  trustee  of  our  church,  accepted  the  trust 
and  entered  upon  its  duties  on  the  16th  of  May.  Our  church 
edifice  was  destroyed  by  fire  on  the  evening  of  the  13th  of 
September.  The  erection  of  a  new  one  required  the  time  and 
attention  of  the  trustees.  I  attended  their  meetings,  some  of 
which  were  held  at  my  office. 

The  managers  of  the  City  Colonization  Society,  having  de- 
termined in  February  to  issue  an  address  to  the  public,  I  was 
requested  to  prepare  one,  and  was  appointed  chairman  of  a 
committee  for  that  purpose.  I  wrote  one  and  read  it  to  the 
Board  of  Managers  on  the  evening  of  the  17th  of  February. 
They  adopted  it  unanimously.  It  was  signed  by  the  Presi- 
dent and  Secretary  of  the  Society,  and  published  in  pamphlet 
form.  The  Board  introduced  it  to  the  public  by  the  following 
preliminary  statement : 

"  At  the  same  meeting,  (a  meeting  held  to  establish  a  new  Set- 
tlement in  Liberia,  to  be  called  "New  York"),  Samuel  A.  Foot, 
Esq.,  from  a  committee  previously  appointed  for  the  purpose  of  re- 
porting the  draft  of  an  Address  to  the  public,  on  the  subject  of  the 
afiairs  of  the  parent  society  at  Washington,  and  the  operations  of 
this  society,  both  present  and  in  prospect,  made  the  following 
report  on  those  subjects,  which  was  read,  and  unanimously 
adopted." 

This  address  is  No.  19  of  "  Papers  Written  by  me." 


154  AUTOBIOGRAPHY 

Subsequently,  and  on  the  26th  of  February,  a  public  meet- 
ing of  citizens  friendly  to  the  colonization  cause  was  held,  at 
which  I  took  a  prominent  part. 

The  following  is  the  account  which  the  Society  published 
of  the  part  I  took  : 

"  Samuel  A.  Foot,  Esq.,  then  offered  the  following  resolution : 

"Resolved,  That  this  meeting  approve  the  principles  upon 
which  the  proposed  new  colony  is  to  be  founded,  the  direct  ten- 
dency of  which  will  be,  to  rear  a  temperate,  religious,  and  agricul- 
tural community. 

"  Mr.  Foot,  in  support  of  this  resolution,  proceeded  to  state  the 
principles  upon  which  the  society  had  determined  to  found  the 
contemplated  colony,  and  the  particulars  in  which  they  differed 
from  those,  which  had  heretofore  been  followed  by  the  parent 
society: 

" First.  In  respect  to  the  character  of  the  emigrants.  The  parent 
society  for  many  reasons  had  not  been  able  always  to  exclude 
from  Liberia,  every  person,  who  was  not  well  qualified  for  estab- 
lishing a  new  settlement  in  a  pagan  land ;  and  consequently,  too 
many  persons  of  idle  habits  and  loose  principles  had  found  their 
way  to  the  colony.  And  although  they  were  not  sufficiently 
numerous,  materially  to  retard  the  prosperity  and  usefulness  of  the 
colony,  yet  the  effect  of  colonization  in  Africa  would  have  been 
more  benign  on  the  surrounding  population,  if  fewer  persons  of 
this  description  had  been  admitted  into  the  colony.  This  disad- 
vantage the  New  York  society  had  resolved  to  overcome,  and  per- 
mit no  person  to  enter  their  colony,  whose  moral  character  was  not 
unquestioned  and  above  reproach,  and  as  far  as  they  were  able, 
they  intended  to  procure  emigrants  of  religious  principles. 

"  Second.  In  respect  to  temperance.  The  parent  society  had 
not  been  able,  heretofore,  to  insist,  as  a  rule,  that  no  person  of  in- 
temperate habits  should  emigrate  to  their  colony,  nor  enforce  a 
prohibition  against  a  traffic  in  ardent  spirits.  The  importance  of 
rigid  regulations  on  this  subject  had  now  become  apparent,  and 
it  was  believed  to  be  the  determination  of  the  general  society  here- 
after, to  enforce  strict  rules  in  respect  to  the  habits  of  emigrants, 
and  the  traffic  in  ardent  spirits. 


AND  COLLATERAL  REMINISCENCES.  155 

"  But  the  New  York  society,  beginning  a  new  settlement,  with 
the  advantage  of  the  experience  of  the  parent  society,  had  deter- 
mined not  to  admit  an  adult  into  it,  who  was 
advocate  and  practiser  of  temperance. 

"  Third.  In  respect  to  dwellings  and  the  provision  for  emi- 
grants on  their  arrival  in  Africa. 

"  It  had  been  customary,  heretofore,  to  place  the  whole  of  any 
company  of  emigrants,  who  should  arrive  in  a  ship,  in  a  large 
building,  to  undergo  their  seasoning,  where  they  were  fed,  and  the 
sick  nursed  and  provided  with  medical  aid  at  the  public  expense, 
and  where  they  were  permitted  to  remain  six  months,  before  they 
took  possession  of  their  own  residences.  It  is  believed  to  be  a  de- 
cided improvement  on  this  plan,  to  provide  each  family,  before 
their  arrival  in  Africa,  with  a  separate  residence,  and  allow  them 
there  to  attend  upon  each  other,  and  if  they  shall  require  it,  give 
them  there  such  assistance  as  they  may  need. 

"  The  colony  already  established  in  Africa  is  more  commercial 
in  its  character,  than  is  supposed  is  most  beneficial  for  the  emi- 
grants, or  the  neighboring  population.  It  is  therefore  intended, 
and,  indeed,  resolved  upon  by  the  New  York  society,  to  give 
their  colony  a  decided  agricultural  cast,  and  to  make  agriculture 
the  controlling,  and  almost  the  exclusive,  occupation  of  their 
colonists. 

"  With  these  views,  they  intend  to  send  out  this  spring,  a  com- 
pany of  pioneers  to  survey  and  mark  the  boundaries  of  their 
colony, — divide  a  section  of  it  into  farms  of  a  convenient  size,  and 
erect  dwellings,  and  make  other  suitable  arrangements  for  the  re- 
ception of  emigrants  in  the  fall,— provided  their  plan  meets  the 
approbation  of  their  fellow-citizens,  and  they  are  furnished  with 
means  to  carry  it  into  execution. 

"  Mr.  Foot  presented  several  more  outlines  of  the  measures 
which  the  society  intended  to  pursue,  and  of  the  benefits  which 
they  expected  would  follow  them,— and  particularly  called  the  at- 
tention of  the  meeting  to  the  benefits  which  an  agricultural,  moral, 
and  religious  community  in  Africa  would  confer  upon  that  un- 
happy continent,  and  also  on  the  more  enlightened  and  elevated 
portion  of  the  people  of  color  in  this  country,  as  it  would  open  a 
field  for  the  exertion  of  their  talents,  and  the  enjoyment,  in  free- 
dom and  independence,  of  the  fruits  of  their  industry.  But  we 


156  AUTOBIOGRAPHY 

have  not  room  for  a  full  statement  of  all  the  subjects  to  which  he 
drew  the  attention  of  the  meeting. 

"  The  resolution  offered  by  Mr.  Foot  was  adopted." 

At  the  earnest  request  of  the  Rev.  John  Breckinridge,  who 
was  the  corresponding  secretary  and  general  agent  of  the 
Board  of  Education  of  the  Presbyterian  church,  I  consented 
to  deliver  an  address  at  the  anniversary  of  the  Board,  to  be 
held  in  New  York,  on  the  6th  of  May,  and  did  so. 

An  outline  of  this  address  is  No.  20  of  "  Papers  Written 
by  me."  To  it  is  appended  a  letter  from  Mr.  Breckinridge, 
showing  his  opinion  of  it,  and  urging  a  copy  for  publication, 
which  I  declined. 

In  compliance  with  a  request  from  the  managers  of  the 
American  Bible  Society,  I  delivered  an  address  at  the  anniver- 
sary of  that  society,  held  in  New  York  on  the  8th  of  May. 

I  furnished  a  copy  substantially  of  this  address,  for  inser- 
tion in  the  account  given  and  published  by  the  society  of  the 
proceedings  at  this  anniversary,  which  was  printed  in  pam- 
phlet form  and  widely  circulated. 

It  is  No.  21  of  "  Papers  Written  by  me." 

My  exercise  this  year,  as  last,  was  by  walking  on  the  Bat- 
tery and  riding  on  horseback,  or  in  my  wagon.  During  the 
spring,  I  visited  your  mother  often — rode  with  her  occasionally 
before,  and  frequently  after,  our  engagement,  which  occurred 
on  the  31st  of  May.  Your  mother  was  reluctant  to  marry  so 
soon  as  one  month  after  our  engagement,  but  July  and  August 
were  the  only  months  I  could  spare  for  a  wedding  tour.  My 
health  also  required  cessation  from  business  and  recreation 
during  those  months.  Under  these  circumstances  your  mother 
yielded  to  my  wishes,  and  we  were  married,  as  already  men- 
tioned, on  the  1st  of  July.  Our  pastor,  the  Rev.  Dr.  W.  W. 
Phillips,  married  us.  Your  mother  and  her  family  being  in 
mourning,  we  had  a  quiet,  unostentatious  wedding.  Only  the 
relatives  on  each  side,  and  a  few  intimate  friends  were  present. 
The  following  is  my  diurnal  record :  "  All  things  passed  off 
agreeably.  Henry  (my  nephew,  H.  E.  Davies),  stood  by  me, 
and  Eliza  (your  aunt  Eliza),  by  her  sister.  I  felt  sincere 


AND  COLLATERAL  REMINISCENCES.  157 

gratitude  to  God  for  his  goodness,  and  prayed,  I  hope  accepta- 
bly, for  support,  protection,  and  his  continued  blessing." 

At  12  o'clock  M.  we  left  the  city  on  our  wedding  tour,  in- 
tending as  the  culminating  point  of  it,  a  visit  to  my  sister, 
Lane,  and  her  family  at  Lawrenceburgh,  Indiana,  and  the 
White  Sulphur  Springs  in  Virginia,  our  first  prolonged  resting- 
place.  Mrs.  Foot's  sister,  Eliza,  her  cousin,  Sally  Duyckinck, 
my  sister-in-law,  Louisa  Fowler,  and  my  friend,  Lieutenant- 
Colonel  Lucien  B.  Webster,  U.  S.  A.,  were  to  accompany  us  to 
these  Springs.  We  went  the  first  day  to  Philadelphia.  My 
nephews,  Prof.  Charles  Davies  and  Henry  E.  Davies,  and  my 
brother-in-law,  Rev.  Philemon  H.  Fowler,  accompanied  us  to 
Philadelphia.  We  spent  the  next  day  there,  a  happy  party, 
enjoying  each  other's  society,  visiting  and  receiving  visits  from 
a  few  friends,  and  looking  at  some  objects  of  interest.  The 
next  morning,  Thursday,  the  3d  of  July,  the  party  bound  for 
the  White  Sulphur  Springs,  took  leave  of  my  nephews  and 
brother-in-law,  and  left  Philadelphia  for  Baltimore,  where  we 
arrived  in  time  to  dine.  After  dinner  and  some  rest,  we  took 
a  walk  to  Washington's  Monument,  ascended  it,  and  enjoyed 
the  views  from  it. 

The  following  are  extracts  from  my  diary  of  the  day  : 

"  We  had  a  charming  day.  Our  sail  down,  the  Delaware  bay, 
and  our  ride  on  the  railroad  from  Newcastle  to  Frenchtown  were 
delightful.  Our  sail  down  the  Chesapeake  bay  was  pleasant,  al- 
though the  heat,  for  a  short  time,  was  rather  oppressive.  Inde- 
pendent of  that,  it  was  agreeable  throughout.  After  we  entered 
Patapsco  river,  there  came  up  a  heavy  thunder-shower,  which 
cooled  the  air,  and  gave  variety  and  magnificence  to  the  scene. 
There  are  few  displays  of  the  power  and  goodness  of  the  Creator, 
which  surpass  in  impressive  grandeur  such  a  shower.  It  ceased  in 
time  for  us  to  to  see  the  approach  to  Baltimore.  *  *  *  An  at- 
tempt to  describe  the  various  objects,  presented  in  the  different 
views  (from  the  top  of  the  monument)  would  require  a  book.  Suf- 
fice to  say,  that  they  furnished  us  with  a  great  variety  of  water 
and  land  scenery,  and  an  imposing  display  of  the  works  of  God 
and  man.  *  *  *  How  abundant  are  the  mercies  of  our  God 


158  AUTOBIOGRAPHY 

in  so  prospering  us,  as  to  give  us  the  means  of  journeying  through 
this  great  country,  and  in  the  society  of  dear  relatives  and  friends, 
thus  meeting  with  frequent  opportunities  for  improving  our  knowl- 
edge, and  receiving  the  highest  of  earthly  pleasures." 

We  spent  the  next  day  till  near  the  close  of  the  afternoon 
at  Baltimore.  We  then  left  and  rode  on  the  railway  to  Elli- 
cott's  Mills,  where  we  lodged  that  night.  The  day  was  happily 
spent.  After  breakfast  we  went  to  the  Koman  Catholic 
Cathedral,  and  passed  some  hours  looking  at  a  couple  of  im- 
pressive paintings,  and  listening  to  some  charming  music.  I 
wrote  several  letters.  We  had  an  interesting  dinner.  It  be- 
ing the  anniversary  of  our  national  independence,  Misses 
Duyckinck  and  Fowler  prepared  some  excellent  toasts,  which 
we  drank.  Some  volunteers  were  also  given  and  duly  honored. 
Our  ride  to  Ellicott's  Mills  was  along  the  bank  of  the  Patapsco 
river,  which  presented  a  succession  of  beautiful  views.  The 
scenery  was  not  bold,  yet  pleasing. 

My  diurnal  record  closes  as  follows  :  "  After  tea  we  passed 
the  evening  in  conversation  and  music.  Most  of  the  latter 
was  sacred,  and  to  me  touching  and  impressive.  We  were  all 
in  excellent  spirits  the  whole  day." 

The  next  day  we  passed  through  the  valleys  of  the  Pa- 
tapsco, Monocacy,  and  Potomac  rivers  to  Harpers  Ferry.  We 
went  by  railroad  to  Point  of  Rocks  on  the  bank  of  the  Poto- 
mac, where  we  dined,  and  from  there  on  the  canal.  The  day 
was  beautiful  and  our  journey  a  pleasant  one.  The  scenery  to 
the  Potomac  waa  picturesque,  and  along  it  to  Harpers  Ferry, 
bold  and  magnificent.  We  passed  the  next  day  (Sabbath)  at 
the  Ferry.  Soon  after  breakfast,  we  took  books  and  some  re- 
freshments, crossed  the  Shenandoah  river,  found  a  shady  place 
by  the  side  of  a  spring,  and  there  spent  the  day  till  1  o'clock 
P.M.  in  religious  exercises.  Near  the  close  of  the  afternoon, 
we  walked  and  conversed  ;  we  went  to  the  point  of  land  at 
the  junction  of  the  Potomac  and  Shenandoah  rivers.  The 
views  from  there  are  grand  and  imposing.  The  Rev.  R.  R. 
Grurley,  with  whom  I  was  acquainted,  joined  us  in  the  after- 
noon, and  spent  the  evening  with  us.  The  next  morning  we 


AND  COLLATERAL  REMINISCENCES.  159 

left  Harper's  Ferry  in  a  carriage,  and  proceeded  south-westerly 
through  the  Shenandoah  valley  to  Staunton.  We  lodged  the 
first  night  at  Middletown,  the  next  one  at  Harrisonburg,  and 
reached  Staunton  in  the  afternoon  of  the  third  day,  Wednes- 
day, the  9th  of  July.  The  ride  through  this  valley  was  pleas- 
ant and  interesting,  with  one  exception,  and  that  was,  the 
badness  of  the  road.  The  land  is  fertile,  and  was  highly 
cultivated.  The  Blue  Eidge  on  the  east,  and  the  Alleghany 
mountains  on  the  west,  were  in  sight  nearly  all  the  way,  and 
presented  impressive  views. 

We  remained  in  Staunton  till  the  next  morning.  When 
that  came,  our  traveling  companions  started  early  for  the 
White  Sulphur  Springs  by  the  way  of  Lexington,  Fincastle, 
and  the  Sweet  Springs,  taking  the  Natural  Bridge  in  their 
route.  Mrs.  Foot  and  I,  later  in  the  morning,  left  Staunton  for 
the  same  destination  by  the  main  western  route.  We  reached 
the  Warm  Springs  at  sundown,  remained  over  night,  and 
bathed  in  this  inimitable  and  wonderful  natural  warm  bath. 
I  made  the  following  diurnal  record  of  this  day  :  "  The  ride 
this  day  was  in  all  respects  delightful.  The  scenery  was  bold 
and  impressive,  particularly  over  the  Warm  Spring  mountain. 
It  surpassed  any,  either  of  us  had  ever  seen.  When  near  the 
top  of  the  mountain,  the  distant  view  was  like  that  of  the 
ocean  in  commotion,  and  reduced  in  that  state  to  a  solid. 
This  idea  was  given  us  by  Judge  Cabell,  of  Eichmond,  Va., 
who,  as  well  as  Chapman  Johnson,  were  our  fellow-travelers. 
We  found  them  as  interesting  companions,  as  we  knew  them 
to  be  distinguished  for  their  talents  and  virtues." 

The  next  day,  with  the  same  traveling  companions,  and 
some  others,  also  intelligent  and  agreeable,  we  started  early, 
crossed  Alleghany  mountains,  and  arrived  at  the  White  Sul- 
phur Springs  in  time  to  dine.  The  scenery  was  still  bold  and 
impressive,  and  our  ride  delightful. 

Through  the  kindness  of  Judge  Cabell,  we  were  furnished 
with  good  quarters.  He  also  introduced  us  to  some  agreeable 
acquaintances.  At  the  close  of  this  day's  diary,  I  say  : 


160  AUTOBIOGRAPHY 

"  Our  journey  thus  far  has  been  most  interesting  and  free 
from  any  known  peril.  We  would  give  thanks  to  our  God  for 
his  care  and  preservation  of  our  lives  and  health,  and  pray 
him  to  take  us  into  close  communion  with  him." 

Our  friends  and  relatives  arrived  the  next  day  (Saturday, 
July  12th),  in  the  afternoon.  They  remained  with  us  over 
Sunday,  and  left  for  home  on  Monday  morning.  Mrs.  Foot 
and  I  remained  at  the  Springs  till  the  following  Tuesday  after- 
noon, when  we  left  on  our  way  to  Lawrenceburgh. 

While  at  the  Springs,  I  met  several  distinguished  gentle- 
men, whom  I  knew,  among  them  Henry  Clay,  and  by  them 
was  introduced  to  others.  Our  time  at  the  Springs  was  passed 
most  agreeably.  We  were  visited  by  all  our  acquaintances. 
They  paid  us  marked  attention.  Mr.  Clay  gave  us  a  warm 
letter  to  his  relatives  in  Kentucky,  to  use  if  we  visited  that 
state. 

My  diary  contains  a  full  account  of  the  gentlemen  and 
ladies  of  our  acquaintance,  whom  we  met  at  the  Springs,  and 
of  those  to  whom  we  were  introduced,  also  of  our  mutual 
visits.  My  children  may  take  pleasure  in  reading  it. 

We  rode  only  to  Lewisburgh,  about  nine  miles,  in  the 
afternoon  we  left  the  Springs.  Judge  Cabell  and  Mr.  C.  John- 
son were  at  Lewisburgh  attending  court.  They  called  on  us, 
and  we  passed  a  part  of  our  evening  pleasantly  with  them. 
The  next  day  we  rode  sixty-five  miles  over  mountains  and 
through  an  unsettled  country,  to  the  valley  of  the  Great 
Kanawha  river.  This  ride  was  interesting.  The  forests  were 
heavy  and  impressive.  Just  before  nightfall,  we  struck  the 
New  river,  which  is  the  principal  branch  of  the  Kanawha. 
We  approached  it  at  the  point,  where  it  breaks  through  the 
Gauley  mountain,  which  is  the  most  western  range  of  the 
Alleghany.  At  this  point,  the  scenery  is  truly  grand.  It  far 
surpassed  any  I  had  ever  seen  before.  We  left  the  coach,  and 
went  to  the  brow  of  a  precipice  called  the  "  Hawks'  Nest," 
which  is  784  feet  perpendicularly  above  the  water  of  New 
river.  The  views  from  there  were  too  vast  and  impressive  for. 
my  powers  of  description.  From  this  point,  the  road  wound 


AND  COLLATERAL  REMINISCENCES.  IQl 

round  and  down  the  face  of  the  Gauley  mountain,  and  con- 
stantly presented  magnificent  views.  At  the  foot  of  it  we  crossed 
the  Gauley  river,  just  above  its  junction  with  New  river.  The 
two  united  form  the  Great  Kanawha.  After  proceeding  on 
its  bank  a  couple  of  miles,  we  stopped  for  the  night.  We  met 
in  the  coach  this  day  some  intelligent  and  agreeable  traveling 
companions. 

We  started  early  the  next  morning  with  the  same  fellow- 
travelers,  and  rode  thirty-six  miles  on  the  right  bank  of  the 
Kanawha  to  Charleston,  a  pretty  village  on  the  bank  of  that 
river.  We  there  crossed  to  the  left  bank  of  the  river,  and 
after  riding  upon  it  about  twelve  miles,  left  it  to  our  right 
and  proceeded  to  the  village  of  Guyandotte,  which  is  on  the 
east  bank  of  the  Ohio  river,  at  the  junction  of  the  Guyandotte 
river  with  it.  We  did  not  arrive  there  till  12  o'clock  at  night. 
During  the  day,  and  just  before  reaching  Charleston,  we 
passed  the  salines  of  the  Kanawha,  a  full  account  of  which, 
as  then  existing  and  used,  will  be  found  in  my  diary. 

We  waited  all  day  at  Guyandotte  for  a  steamer  to  take  us 
down  the  Ohio  to  Cincinnati  and  Lawrenceburgh.  At  night 
one  arrived,  and  we  left  at  10  o'clock  P.M.  for  Cincinnati.  After 
going  a  few  miles,  a  fog  stopped  us,  and  obliged  us  to  lie  by 
till  morning.  The  next  day  (Saturday,  the  19th  July),  was 
pleasant,  and  we  had  an  agreeable  passage  down  the  river  to 
Cincinnati,  where  we  arrived  about  12  o'clock  at  night.  The 
moon  was  full  that  night  and  shone  beautifully.  "  It  pre- 
sented (as  I  say  in  my  diary)  some  of  the  most  beautiful 
reflections  from  the  water  I  have  ever  seen.  Brilliant  lights 
appeared  to  rise  out  of  the  water  and  play  upon  the  swells 
raised  by  the  boat,  and  after  having  shone  their  minute  would 
disappear,  and  others  rise  and  supply  their  place.  Occasion- 
ally columns  of  quivering  light  would  be  streaked  out  upon 
the  water  and  lie  and  live  their  minute.  All  the  reflections 
had  a  golden  hue,  owing  no  doubt  to  the  turbidness  of  the 
water  produced  by  a  freshet." 

We  found  a  friend  at  Cincinnati  (Edward  Mansfield),  who 
came  on  board  the  steamer  and  sat  with  us  till  11  o'clock  A.M., 
11 


162  AUTOBIOGRAPHY 

when  we  left  for  Lawrenceburgh,  where  we  arrived  at  2  o'clock 
P.M.  We  found  our  relatives  well,  and  spent  the  afternoon 
and  evening  conversing  with  them.  My  account  of  this  day 
says  :  "  The  passage  down  from  Cincinnati  was  not  pleasant. 
The  day  was  warm,  the  boat  crowded,  and  our  feelings  not  at 
rest  in  traveling  on  the  Sabbath.  Although  we  deemed  it  right 
to  complete  our  journey,  yet  we  were  ill  at  ease  in  doing  so." 

We  remained  at  Lawrenceburgh  till  Tuesday,  the  29th  of 
July.  We  left  that  day  at  12  o'clock  M.  in  a  stage-coach  for 
Cincinnati.  Our  time  at  Lawrenceburgh  was  spent  with  our 
relatives  and  their  friends.  The  manner  of  spending  it,  and 
the  persons  with  whom  it  was  spent,  are  fully  stated  in  my 
diary. 

The  most  noticeable  thing  at  Lawrenceburgh,  was  the  im- 
mense field  of  corn  on  the  bottoms  at  the  junction  of  the  Great 
Miami  and  Ohio  rivers.  Their  junction  is  about  two  miles 
above  Lawrenceburgh,  and  at  it,  is  a  large  plane  of  rich  land, 
extending  westward  from  the  Miami  and  northward  from  the 
Ohio.  This  plain,  which  contains  about  six  thousand  acres,' 
is  overflowed  annually,  and  has  been  planted  with  corn,  for 
forty  successive  years.  Although  it  has  different  owners,  the 
annual  floods  do  not  permit  division  fences,  and  to  the  eye 
of  the  spectator  is  one  vast  field  of  corn.  The  view  of  it, 
from  the  high  ground  at  the  northward,  is  striking  and  im- 
pressive. 

We  had  intended  to  pass  several  days  at  Cincinnati,  but 
found  that  cholera  was  prevailing  there,  and  left  early  the  next 
morning.  We  proceeded  leisurely  through  Ohio  by  public  and 
private  conveyances  to  the  city  of  Sandusky  on  Lake  Erie, 
where  we  arrived  on  Saturday  evening,  the  2d  of  August. 

My  diary  contains  a  full  account  of  the  journey ;  but  as 
nothing  of  special  interest  occurred,  I  will  omit  giving  par- 
ticulars and  leave  them  for  my  children  to  read,  with  a  single 
exception.  The  following  is  from  my  diary  of  the  2d  of 
August : 

"  The  objects  of  greatest  interest  which  we  met  to-day  were 
prairies.  We  passed  several ;  but  the  last  one,  in  the  county  of 


AND  COLLATERAL  REMINISCENCES.  153 

Huron,  was  decidedly  the  largest  and  most  interesting.  It 
reached  nearly  to  the  extent  of  the  eye.  Clusters  of  trees  were  scat- 
tered upon  it.  Several  herds  of  cattle  were  feeding  on  it,  and  we 
could,  from  the  coach,  just  see  their  backs.  The  view  gave  to  the 
mind  the  idea  of  vastness,  and  filled  us  with  reverential  emotions 
towards  our  God.  I  shall  long  remember  the  impression  the  plain 
made  upon  my  mind." 

These  were  the  first  prairies  I  ever  saw. 

We  passed  our  Sabbath  at  Sandusky,  though  not  satis-, 
factorily.  After  stating  how  we  passed  it,  I  write  in  my 
diary  of  that  day :  "  This  is  another  Sabbath  unprofitably 
spent.  0  God,  give  me  grace  to  make  better  use  of  thy  Sab- 
baths." 

We  left  Sandusky  at  3  o'clock  A.M.  on  Monday,  the  4th 
of  August,  in  a  steamer  for  Buffalo.  We  had  a  very  pleasant 
passage  down  Lake  Erie  to  that  place,  where  we  arrived  the 
next  day  at  2  o'clock  P.M.  We  made  only  two  landings  on  the 
way — one  at  Cleveland  and  the  other  at  Fairport.  We  went 
ashore  at  both  places.  At  Cleveland  we  took  a  carriage  and 
rode  round  the  town.  My  diary  contains  a  full  account  of 
both  places  as  they  were  then,  and  of  our  sail  down  the  lake. 

We  took  lodgings  in  Buffalo  at  the  Eagle  Tavern.  We 
found  at  the  post-office  several  letters  from  our  relatives  in 
New  York,  and  were  rejoiced  to  hear  they  were  all  well. 
On  reaching  our  own  state,  after  so  long  an  absence,  I  recorded 
our  thoughts  and  feelings  in  the  following  words  : 

"  0  God,  accept  our  sincere  and  hearty  thanks  for  having  pre- 
served us  in  health  and  safety  during  our  absence  from  our  state, 
permitting  us  to  return  to  it  and  find  our  relatives  in  life  and 
health.  May  we  be  deeply  impressed  with  a  sense  of  thy  kindness, 
and  give  ourselves  more  entirely  to  thee.  We  ask  all  things  in  the 
name  and  for  the  sake  of  our  dear  Redeemer." 

We  staid  in  Buffalo  a  couple  of  days,  which  were  passed 
almost  entirely  in  the  society  of  our  relatives  and  friends,  of 
whom  we  had  there  quite  a  large  circle.  Their  names  and  our 
mutual  visits  are  all  mentioned  in  my  diary. 


164  AUTOBIOGRAPHY 

We  left  Buffalo  on  Thursday  morning,  the  7th  of  August, 
in  a  small  steamboat  for  the  Falls.  We  had  an  interesting 
passage  down  the  Niagara  river,  and  arrived  at  the  Falls  at 
noon.  We  spent  a  couple  of  days  there  viewing  them,  and 
the  objects  of  interest  in  the  vicinity.  We  left  for  Lockport 
on  Saturday  afternoon,  the  9th  of  August,  on  our  way  home. 
We  passed  our  Sabbath  at  Lockport,  where  we  met  friends 
with  whom  we  attended  church,  forenoon  and  afternoon,  and 
spent  the  evening.  The  next  day  we  rode  to  Kochester 
on  the  Ridge  road,  and  the  following  day  to  Hopewell, 
to  visit  my  nephew,  Samuel  A.  Howes,  and  his  family. 
We  spent  the  day  and  night  with  them,  and  the  next  day  rode 
to  Geneva,  and  stopped  with  my  brother-in-law,  Prof.  H. 
Webster.  We  remained  in  Geneva  only  one  day,  and  left  on 
Friday  morning,  the  15th  of  August,  for  Syracuse,  where  we 
dined  that  evening,  and  staid  over  night.  We  rose  early  the 
next  morning,  took  a  carriage,  and  with  a  friend  viewed  the 
salines  of  Syracuse  and  Salina,  and  left  after  breakfast  for 
Utica.  We  arrived  there  that  evening  and  staid  over  the 
Sabbath.  We  heard  the  Rev.  Mr.  Mandeville  preach  his  first 
sermon  in  the  Reformed  Church  of  that,  then  village,  now 
(1868)  city.  We  met  friends  there,  who  passed  the  evening 
and  a  part  of  the  day  with  us.  The  next  day  (Monday,  the 
18th  of  August),  we  devoted  to  a  visit  to  Trenton  Falls,  which 
your  mother  had  not  seen  before.  We  returned  to  Utica  in 
the  evening  and  left  there  the  following  morning,  in  a  packet- 
boat  for  Schenectady,  where  we  arrived  very  early  the  next 
morning,  and  proceeded  to  Albany,  which  we  reached  in  time 
for  breakfast.  We  stopped  at  Mr.  Fowler's,  spent  the  day 
with  our  relatives,  and  left  the  next  morning  on  the  day-boat 
for  New  York.  We  had  a  delightful  passage  down  the  river, 
arrived  at  home  at  6  o'clock  P.M.  and  found  our  family  and 
relatives  well. 

This  journey  from  the  Falls  through  our  state  to  the  city 
was  an  interesting  one  to  us.  We  met  many  friends,  passed 
through  charming  portions  of  the  country,  traveled  leisurely 
and  enjoyed  our  journey.  My  children  will  find  a  full  account 


AND  COLLATERAL  REMINISCENCES.  155 

of  the  friends  we  met,  the  country  and  places  through  which 
we  passed,  indeed  of  the  whole  journey,  in  my  diary. 

My  account  of  it  ends  with  the  record  of  our  thanks  to  our 
Heavenly  Father  for  preserving  us  during  our  long  absence, 
and  permitting  "  us  to  come  to  our  own  dwelling  in  safety." 

We  staid  in  the  city  only  one  day,  and  then  went  to 
Springfield,  N.  J.,  the  summer  residence  of  our  parents,  where 
we  remained  until  Tuesday,  the  2d  of  September.  In  the 
afternoon  of  that  day,  we  returned  to  the  city  to  reside.  I 
close  the  account  of  the  day  as  follows  :  "I  pray  God  to  bless 
us  in  our  new  duties,  and  to  take  us  into  His  holy  keeping." 

While  at  Springfield,  my  time  was  passed  in  reading,  re- 
creation, and  social  enjoyment  with  our  relatives  and  their 
friends.  Only  one  incident  occurred  worthy  of  notice.  On 
Sunday  evening,  the  31st  of  August,  "at  Mr.  Campbell's 
request,  for  the  first  time,  made  a  prayer  in  the  family." 

On  our  return  to  the  city,  I  resumed  my  usual  duties. 
Your  mother  and  I  attended  religious  services  together  in  our 
own  church  for  the  first  time  on  Sunday,  the  7th  of  September. 

On  reviewing  the  entries  in  my  diary  this  year,  in  regard 
to  my  religious  life  and  duties,  T  find  them  mainly  like  those 
of  the  previous  year,  yet  on  the  whole  my  walk  with  God  ap- 
pears to  have  been  closer. 

I  will  close  the  account  of  this  year  with  three  extracts 
from  my  diary : 

December  7th,  Sunday.  After  stating  the  manner  in  which  I 
had  spent  the  day,  and  that  the  sacrament  of  the  Lord's  supper 
had  been  administered  m  our  church,  I  add — "  I  enjoyed  the  com- 
munion, was  cheered  and  spiritually  refreshed  by  it.  0  God,  give 
me  strength  to  walk  closely  with  Thee,  and  I  here  record  my  de- 
termination to  strive  earnestly  to  do  so.  The  greatest  source  of  the 
deep  sorrow,  which  I  felt  to-day,  was  my  own  shortcomings ;  and 
next  to  that,  the  thought  that  my  dear  wife  could  not  accompany 
me.  0  God,  bring  her  into  thy  fold,  I  entreat  Thee,  for  Christ's 


December  17th,  Wednesday.— "  This  is  my  birthday,  and  t 
morrow  I  enter  on  my  forty-fifth  year.   After  breakfast,  I  made  the 


166  AUTOBIOGRAPHY 

last  payments  on  my  Mariana's  bequests,  viz.,  fifty  dollars  to  the 
Bible  society,  and  seventy-five  to  the  Board  of  Education,  and  thus 
completed  the  last  duty  I  owed  to  her  in  this  life ;  but  with  God's 
blessing,  I  hope  here  and  hereafter,  to  feel  and  reap  the  advantages 
of  her  sweet  and  holy  example." 

December  31st,  Wednesday. — "Thus  the  Lord  in  His  provi- 
dence has  permitted  me  to  spend  another  year.  I  have  not  lan- 
guage to  express  my  gratitude  for  His  great  goodness,  and  my  own 
un worthiness  in  comparison  with  His  favors.  He  has  led  me  nearer 
to  Him,  and  I  feel  assured  that  my  walk  is  closer  with  my  God. 
He  has  given  me  a  gentle  and  tender-hearted  companion,  who  ful- 
fills all  her  duties  better  than  I  could  have  expected.  I  pray  that 
He  will  soon  bring  her  into  His  fold,  and  that  our  union  may  be 
thus  in  the  Lord  as  well  as  on  earth.  My  Heavenly  Father  too, 
has  given  me  prosperity  in  my  business,  and  extended  my  in- 
fluence among  my  fellow-men.  Oh,  may  I  use  it,  as  I  shall  wish  I 
had,  when  I  appear  at  his  bar!  0  Lord,  take  me  and  mine  into 
thy  holy  keeping,  and  guide  us  in  thy  ways  during  the  coming 
year.  I  ask  it  for  Christ's  sake." 

1835. 

Two  events  occurred  this  year,  which  materially  affected 
the  usefulness  and  happiness  of  your  mother  and  myself  in 
this  life,  and  one  of  them,  her  happiness  in  the  life  to  come. 

Your  mother  was  not  able  to  attend  church  on  Sunday  the 
15th  of  February,  but  I  was,  and  attended  forenoon  and  after- 
noon. Left  alone  and  to  undisturbed  communion  with  her 
God,  she  determined,  in  accordance  with  feelings  and  convic- 
tions, which  she  had  entertained  for  some  time,  to  unite  with 
the  church,  and  declared  her  intention  to  do  so,  at  the  next 
communion.  This  gave  me  a  degree  of  joy  and  happiness,  I 
shall  not  attempt  to  describe.  She  made  this  announcement 
near  the  close  of  the  day,  which,  however,  had  not  been  well 
spent  by  me.  Too  many  worldly  topics  had  occupied  my 
thoughts.  The  entry  in  my  diary  is  as  follows  : 

"  In  the  midst  of  my  transgressions,  and  when  my  un  worthi- 
ness was  most  manifest,  my  kind  Parent  had  so  dealt  with  my 


AND  COLLATERAL  REMINISCENCES.  Igy 

dear  Jane,  that  she  this  day  declared  her  intention  to  unite  herself 
to  the  church  at  the  next  communion,  and  thus  crown  my  earthly 
happiness.  0  my  God,  how  can  I  suitably  acknowledge  my 
thankfulness,  or  how  express  my  gratitude !  Oh  give  me  more 
abundantly  of  thy  spirit,  that  I  may  be  able  to  show  forth  thy 
praise ! " 

On  the  30th  of  April,  our  first  child,  a  son,  was  born.  After 
a  statement  of  the  event,  I  recorded  my  thanks  and  a  vow  thus — 
"For  his  many  mercies  and  blessings,  I  give  God  my  sincere 
thanks,  and  here  record  my  vow,  that  if  in  his  goodness,  he  shall 
spare  my  life  and  the  life  of  my  child,  I  will  earnestly  endeavor  to 
rear  him  in  the  fear  and  admonition  of  my  Heavenly  Father." 

Our  lives  were  spared,  and  how  this  vow  was  performed, 
and  the  result,  will  be  seen,  when  I  reach,  in  this  biography, 
the  year  1862,  in  which  year  this  son  died,  and  a  memorial, 
containing  his  life,  death,  and  character,  was  published. 

My  time  this  year  was  almost  wholly  occupied  by  social 
and  professional  duties.  The  latter  continued  to  increase  in 
number  and  importance.  They  did  not,  however,  take  me 
from  the  city. 

The  languages  received  no  attention  from  me  this  year, 
and  my  reading,  beside  the  daily  journals,  was  general,  and 
as  time  could  be  snatched  from  other  duties.  Yet  amid  my 
numerous  professional  and  social  engagements,  I  found,  or 
rather  made  time  for  several  other  matters. 

On  the  llth  of  March,  I  purchased  a  building  lot  on  the 
west  side  of  Broadway,  between  Bond  and  Great  Jones  Streets, 
and  during  that  month  and  April  and  May  following,  planned 
a  house  and  entered  into  contracts  for  building  it. 

The  cause  of  temperance  interested  me  this  year  and  occu- 
pied some  of  my  time.  On  the  evening  of  the  27th  of  January 
I  attended  a  meeting  at  my  office,  of  a  committee  of  the  First 
Ward  Temperance  Society.  That  ward  then  embraced  the 
largest  and  best  portion  of  the  population  of  the  city.  On  the 
evening  of  the  26th  of  February,  I  attended  a  temperance 
meeting,  held -in  the  Methodist  Church  in  John  Street,  at 
which  I  presided  and  made  a  short  address.  On  the  evenings 


168  AUTOBIOGRAPHY 

of  the  28th  of  February,  27th  of  August,  and  31st  of  October, 
I  met  committees  and  friends  of  the  cause  to  consult  on  the 
subject ;  and  at  a  meeting  held  on  the  evening  of  the  8th  of 
December,  was  re-elected  President  of  the  First  Ward  Tem- 
perance Society. 

The  great  enterprise  of  colonizing  the  free  people  of  color 
on  the  west  coast  of  Africa  continued  to  interest  me,  and  took 
some  of  my  time  this  year.  I  spent  the  afternoon  of  the  28th 
of  October  at  the  room  of  the  Colonization  Society,  where  there 
was  a  meeting  of  a  committee,  of  which  I  was  chairman,  to 
revise  the  constitution  of  the  Society,  and  on  the  following 
evening,  a  large  public  meeting  was  held  at  Masonic  Hall,  at 
which  I  made  the  principal  address.  This  address  was  not 
written,  but  delivered  from  brief  notes  and  clue-words.  In 
my  diary  I  wrote,  that  it  "  appeared  to  be  well  received  by  the 
audience."  It  was  favorably  noticed  the  next  day  in  the  two 
leading  journals  of  the  city. 

The  Journal  of  Commerce  of  the  30th  of  October,  1835, 
after  stating  the  holding  of  the  meeting,  and  giving  the  out- 
lines of  some  remarks  of  the  Hon.  William  A.  Duer,  the  Presi- 
dent of  the  Society,  proceeded  as  follows  : 

"  Samuel  A.  Foot,  Esq.,  then  addressed  the  meeting  for  three- 
fourths  of  an  hour  in  a  speech  of  much  ability  and  eloquence.  He 
said  it  was  impossible  to  close  our  eyes  to  the  perilous  condition  in 
which  our  colored  population  had  been  placed.  In  discussing  the 
subject  of  their  condition  it  would  be  useless  to  go  over  for  the 
hundredth  time  with  a  description  of  the  horrors  of  the  slave  trade, 
or  the  evils  of  slavery.  These  evils  we  all  know,  and  they  feel 
them  most  deeply  upon  whom  they  are  more  especially  cast.  What 
then  shall  be  the  course  of  our  thoughts  ?  Let  it  be  upon  the  duties 
we  have  to  perform.  We  have  a  population  of  more  than  four  mil- 
lions who  are  either  physically  or  morally  in  slavery.  Let  us  in- 
quire what  we  can  do  for  them.  No  question  is  of  equal  magni- 
tude with  this.  In  whatever  measures  were  adopted,  it  was  essen- 
tial  that  the  South  should  take  the  lead.  That  the  condition  of 
the  slaves  should  remain  unchanged  for  any  great  length  of  time 
was  impossible.  And  he  quoted  the  declaration  of  a  distinguished 


AND  COLLATERAL  REMINISCENCES.  1G9 

Southern  gentleman,  the  owner  of  one  hundred  slaves,  that  the 
system  of  slavery  would  not  be  maintained  for  another  quarter  of 
a  century.  If  this  immense  population  was  to  be  retained  in  this 
country  in  a  condition  of  freedom,  their  history  was  written  in  the 
history  of  the  aboriginal  inhabitants  of  the  country,  and  in  the 
miserable  population  of  the  same  class  of  persons,  which  we  now 
see  in  our  streets.  The  inquiry  whether  they  shall  be  incorpora- 
ted into  our  social  relations,  has  a  ready  answer  in  the  bosoms  of 
us  all.  We  have  no  alternative  but  to  assist  them  to  go  home,  car- 
rying with  them  the  blessings  of  civilization  and  religion  to  Africa. 
This  plan  is  approved  by  the  South ;  a  circumstance  which  should 
increase,  not  diminish  our  attachment  to  the  plan.  But  we  are 
unable  to  pursue  the  remarks  of  Mr.  F." 

The  Commercial  Advertiser  of  the  same  day,  then  edited  by 
the  deeply-lamented  William  L.  Stone,  contained  the  following 
notice  of  my  address : 

"  President  Duer  was  followed  by  Samuel  A.  Foot,  Esq.,  in  an 
address  of  great  power  and  effect.  He  commenced  by  adverting  to 
the  lamentable  and  dangerous  condition  in  which  recent  events 
had  tended  to  place  our  colored  population.  He  did  not  refer  to 
the  horrors  of  the  slave-trade  and  the  ordinary  evils  of  slavery, 
which  had  been  again  and  again  described,  and  of  their  nature 
none  could  be  ignorant.  His  remarks  were  intended  to  apply  as 
much  to  the  situation  and  prospects  of  the  free  colored  people  as  to 
those  of  the  slaves ;  and  in  the  contemplation  of  these,  a  sense  of 
duties  to  be  performed  became  a  prominent  subject  of  reflection. 
'We  have  a  population,'  said  Mr.  Foot,  'of  more  than  four  millions 
who  are  either  physically  or  morally  in  slavery.  Let  us  inquire 
what  we  can  do  for  them.  No  question  is  of  equal  magnitude  with 
this.  In  whatever  measures  were  adopted,  it  was  essential  that 
the  South  should  take  the  lead.  That  the  condition  of  the  slaves 
should  remain  unchanged,  for  any  great  length  of  time,  was  impos- 
sible. And  he  quoted  the  declaration  of  a  distinguished  Southern 
gentleman,  the  owner  of  one  hundred  slaves,  that  the  system  of 
slavery  would  not  be  maintained  for  another  quarter  of  a  century. 
If  this  immense  population  was  to  be  retained  in  this  country  in  a 
condition  of  freedom,  their  history  was  written  in  the  history  of 
the  aboriginal  inhabitants  of  the  country,  and  in  the  miserable 


170  AUTOBIOGRAPHY 

population  of  the  same  class  of  persons  which  we  now  see  in  our 
streets.  The  inquiry  whether  they  shall  be  incorporated  into  our 
social  relations,  has  a  ready  answer  in  the  bosoms  of  us  all  We 
have  no  alternative  but  to  assist  them  to  go  home,  carrying  with 
them  the  blessings  of  civilization  and  religion  to  Africa.  This 
plan  is  approved  by  the  South ;  a  circumstance  which  should  in- 
crease, not  diminish  our  attachment  to  the  plan!  " 

On  the  evening  of  the  25th  of  November,  I  delivered  an 
address  before  "The  Law  Association  of  the  city  of  New 
York,"  and  a  general  audience.  This  Association  was  com- 
posed of  junior  members  of  the  bar,  and  law  students  of  the 
city,  and  designed  to  give  the  members  "  opportunities  and 
incentives  for  improvement/'  This  address  was  well  received 
by  the  audience.  The  Association  thanked  me  for  it  by  a  for- 
mal resolution,  in  which  they  called  it  a  "  very  able  and  elo- 
quent address." 

This  address  was  nearly  written  out  in  full,  and  is  No.  22 
of  "  Papers  Written  by  me." 

My  exercise  this  year  was  like  that  of  the  year  before,  viz., 
walking  on  the  Battery,  when  the  weather  would  permit,  and 
generally  before  breakfast,  and  riding  on  horseback  and  in  my 
wagon.  Your  mother  frequently  accompanied  me.  I  had  but 
little  respite  from  my  duties  this  year.  My  first  absence  from 
the  city  was  a  hurried  trip  to  Boston,  to  attend  the  wedding 
of  my  partner  in  business  and  nephew,  Henry  E.  Davies,  which 
took  place  on  the  3d  day  of  July.  I  returned  the  next  day. 
Your  mother  and  I,  with  the  little  boy,  went  up  to  West 
Point  on  the  7th  of  July,  to  visit  our  relatives  and  meet  the 
wedding  party.  We  spent  a  couple  of  days  there  pleasantly. 

On  the  15th  of  July  your  mother  and  I,  with  the  little 
boy,  went  over  to  Springfield  to  visit  her  parents.  Your 
mother  and  the  boy  remained  there  till  the  31st  of  Au- 
gust ;  but  I  only  staid  a  few  days,  and  then  returned  to 
the  city.  While  your  mother  was  there,  I  went  over  several 
times,  and  generally  staid  two  or  three  days.  While  there  I 
read,  walked,  rambled  over  the  hills  and  the  mountain,  rode, 
fished,  wrote,  and  rested.  On  one  of  my  visits,  I  read  "  Irving's 


AND  COLLATERAL  REMINISCENCES.  171 

Sketches  of  Abbotsford,"  "Newstead  Abbey/'  and  Stone's 
account  of  "  The  Matthias  Delusion." 

We  all,  that  is,  your  mother,  myself,  and  the  little  boy, 
returned  to  the  city  the  last  day  of  August  and  resumed  our 
residence  there.  We  did  not  close  our  house,  as  I  was  there 
most  of  the  time. 

We  adopted  this  year  a  pleasant  and  profitable  mode  of 
passing  an  evening  every  fortnight,  and  that  was,  by  having  a 
family  reading  party  at  each  other's  houses  once  a  fortnight. 
There  were  four  families  of  us — our  parents,  Mr.  and  Mrs. 
Samuel  Campbell — our  brothers  and  sisters,  Mr.  and  Mrs.  John 
Campbell,  and  Mr.  and  Mrs.  Marcus  Wilbur — and  ourselves. 
Each  member  of  the  party  selected  and  read  a  piece  of  prose 
or  poetry.  Our  first  reading  party  was  on  the  evening  of  the 
14th  of  December,  and  the  last  one  on  the  evening  of  the  13th 
of  March  following. 

On  the  night  of  the  16th  of  December,  the  great  fire  occur- 
red, which  destroyed  nearly  the  whole  of  the  city  east  of  Broad 
Street  and  south  of  Wall  Street.  Our  office  on  the  north  side 
of  Wall  Street  was  in  great  danger.  All  our  books  and  papers 
were  removed.  I  was  up  nearly  all  night.  Mr.  Campbell, 
my  father-in-law,  was  a  large  loser  by  this  fire,  and  I  lost  by 
it  fire-insurance  stock  to  the  amount  of  $1500. 

Your  mother  and  I  dined  and  passed  the  evening  of  the 
14th  of  March  with  her  parents.  "  On  our  return  home  (ex- 
tract from  my  diary  in  her  handwriting)  we  providentially 
discovered  our  bath-room  to  be  on  fire,  in  time  to  extinguish 
it.  For  this  merciful  interposition  of  Providence  in  saving  our 
dwelling  from  destruction,  we  give  Him  our  sincere  thanks." 

On  the  evening  of  the  27th  of  March,  your  mother  and  I 
attended  preparatory  lecture.  She  was  baptized.  I  accom- 
panied her  to  the  fount.  The  sacrament  of  the  Lord's  supper 
was  administered  in  our  church  on  the  1st  of  March.  Your 
mother  accompanied  me  to  the  table.  We  went  to  church  to- 
gether in  the  afternoon.  I  say  in  my  diary  of  that  day,  "  The 
residue  of  the  day  was  passed  at  home  in  reading,  conversation, 
and  duties  appropriate  to  the  day." 


172  AUTOBIOGRAPHY 

A  few  extracts  from  my  diary  will  show  how  far  short  I 
came,  during  the  year,  of  reaching  the  true  standard  of  Chris- 
tian duty — my  earnest,  but  vain,  efforts  to  do  so,  and  the  little 
progress,  if  any,  made  by  me  in  holiness  of  heart  and  life  : 

May  10th,  Sunday. — "Went  to  church  forenoon  and  after- 
noon, and  gave  better  attention  than  usual.  Passed  all  the  day  and 
evening  not  .in  church,  at  home,  reading  and  conversing  with  Mrs. 
Foot." 

May  17th,  Sunday. — "  Went  to  church  forenoon  and  afternoon. 
*  *  *  My  Sabbath  was  poorly  spent.  The  world  and  its  ob- 
jects filled  too  many  of  my  thoughts,  and  engaged  too  much  of 
my  conversation.  0  God,  give  me,  I  entreat  thee,  more  of  thy 
spirit.  Subdue  the  world  in  my  heart  and  make  me  thine.  I  ask 
it  for  the  Saviour's  sake." 

June  19th.  The  day  our  son  was  baptized. — "Attended 
church  in  the  evening,  it  being  preparatory  lecture,  and  presented 
our  child  for  baptism.  He  was  baptized  by  our  pastor,  the  Rev. 
Dr.  William  W.  Phillips,  and  named  John.  We  were  too  late  in 
church.  This  and  other  circumstances  so  disturbed  my  feelings 
and  diverted  my  thoughts  as  to  prevent  me  in  a  great  measure 
from  entering  into  the  spirit  of  the  service  as  I  ought  to  have  done, 
I  pray  God  to  forgive  me,  and  enable  me  to  be  more  composed 
under  the  little  crosses  of  this  life." 

June  21st,  Sunday. — "  Went  to  church  forenoon  and  afternoon. 
The  sacrament  of  the  Lord's  supper  was  administered.  I  could 
not  but  feel  how  unworthy  I  was  of  such  a  privilege.  The  day 
was  tolerably  well  spent  for  me.  My  reflections  were  in  general 
during  the  day  as  they  ought  to  have  been.  The  evening  was 
spent  reading  and  instructing  William  "  (a  servant  boy). 

September  6th,  Sunday.— "  Attended  church  forenoon  and 
afternoon  at  the  Wall  Street  church,  it  being  open  for  the  first 
time  after  the  fire.  The  services  were  very  acceptable  to  me,  and  I 
was  able  to  enjoy  my  whole  Sabbath  better  than  usual." 

November  8th,  Sunday. — "Attended  church  forenoon  and 
afternoon,  and  paid  tolerable  attention,  also  read  and  reflected  as  I 
ought,  a  part  of  the  time  passed  at  home."  After  mentioning 
some  visits  from  relatives,  I  add — "Our  conversation  was  not 
spiritual,  it  was  directed  almost  wholly  to  indifferent  and  secular 


AND  COLLATERAL  REMINISCENCES.  173 

objects.  Oh  would  that  our  hearts  and  thoughts  were  so  intent  on 
our  God  and  Eedeemer  as  that  from  the  fullness  of  them  the 
mouth  would  speak ! " 

December  6th,  Sunday.—"  Went  to  church  forenoon  and  after- 
noon. Partook  of  the  sacrament  in  the  forenoon.  My  soul  was 
refreshed  by  this  service  and  I  was  brought  near  to  my  God  and 
Saviour,  but  my  thoughts  often  wandered  and  showed  me  how  far 
I  am  from  possessing  a  truly  holy  spirit." 

December  10th,  Thanksgiving  day. — "  Went  to  church  in  the 
morning  with  Mrs.  Foot,  and  had  a  delightful  morning.  I  ap- 
peared nearer  to  my  God,  than  at  any  previous  time  which  I  can 
recollect." 

December  17th.  My  birthday  and  the  day  after  the  great  fire. 
— "  The  engrossing  objects  which  have  occupied  my  mind,  and  the 
fatigue  which  has  oppressed  me,  have  prevented  me  from  making 
the  reflections  which  become  the  day  of  my  birth.  But  I  cannot 
omit  to  acknowledge  and  record  the  goodness  of  my  God  during 
the  past  year.  He  has  drawn  me,  as  I  hope  and  trust,  nearer  to 
Him,  and  made  me  more  sensible  of  my  own  weakness,  and  of  the 
need  of  a  suffering  Saviour.  He  has  also  peculiarly  blessed  me  in 
giving  me  a  promising  son,  and  preserving  the  lives  and  health  of 
all  my  family.  Oh  how  much  I  have  to  thank  Him  for — in  how 
many  instances  during  the  past  year  has  he  displayed  his  loving- 
kindness  towards  me  and  mine !  and  how  often  and  constant  has 
been  my  neglect  of  him,  and  of  the  duties  I  owe  to  him  and  my 
fellow-immortals,  his  creatures !  Father  of  mercies,  forgive  my 
sins  of  omission  and  commission,  for  my  Saviour's  sake — pour  thy 
Spirit  into  my  soul,  and  fit  me  for  thy  presence." 

December  20th,  Sunday.  First  Sabbath  after  the  great  fire. — 
"Went  to  church  forenoon  and  afternoon  and  heard  Dr.  Phillips. 
*  *  *  The  two  sermons  delivered  by  our  pastor  were  applica- 
ble to  us  in  reference  to  our  late  calamity,  and  Avere  able  and  in- 
teresting. They  were  decidedly  useful  to  me,  as  they  showed  me 
many  points  in  which  I  had  been  unconsciously  deficient  in  duty 
to  my  God  and  fellow-men.  Oh  how  far  I  am  from  what  I  ought 
to  be!" 

December  31st,  Thursday.  The  end  of  the  year.  After  mention- 
ing some  visits  your  mother  and  I  made,  I  write :— "  On  our  return 
I  gave  an  hour  to  reflection  on  the  occurrences  of  the  year.  Thus 


174  AUTOBIOGRAPHY 

another  year  of  my  life  has  been  spent,  and  how  little  have  I  ac- 
complished. My  year  seems  almost  to  have  been  wasted.  A  large 
portion  of  it  has  been  devoted  to  the  building  of  a  house — an  un- 
dertaking I  ought  not  to  have  entered  upon.  It  has  occupied  too 
many  of  my  thoughts,  and  is  too  expensive  for  my  means.  It  has 
prevented  me  from  bestowing  in  charity  what  I  ought  to  have 
done.  In  two  instances  during  the  year  have  I  been  forewarned  of 
my  mistake,  by  having  been  shown  the  uncertainty  and  vanity  of 
earthly  riches.  Twice  during  the  year  have  I  met  with  losses  of 
property,  and  by  unforeseen  and  unexpected  occurrences,  and  this 
for  the  first  time  in  my  life.  Father  of  mercies,  I  come  to  thee, 
and  acknowledge  the  justice  of  thy  chastisements,  and  entreat  thy 
forgiveness  for  my  Saviour's  sake.  I  am  a  wretched  sinner, 
bound  to  the  world,  notwithstanding  the  many  admonitions  I 
have  received  not  to  place  my  affections  on  things  below.  I  thank 
thee,  my  Father,  for  the  child  thou  hast  given  us  since  the  last 
new  year.  Oh  spare  his  life  and  enable  us  to  train  him  up  in  the 
ways  he  should  go !  Do,  for  thy  Son's  sake,  have  compassion  on 
me,  wean  me  from  the  world,  give  me  a  holy  spirit,  and  fit  me  for 
thy  presence.  Enable  me  to  use  the  world  without  abusing  it.  I 
record  my  grateful  acknowledgments  at  the  close  of  the  year,  for 
bringing  my  dear  companion  into  thy  visible  church  on  earth.  Oh 
continue  the  work  of  grace  begun  in  her  heart,  and  make  her  a 
child  of  heaven!" 


1836. 

On  the  first  day  of  this  year,  I  made  the  following  entry  in  my 
diary:  "  As  I  have  arrived  at  middle  age  and  my  habits  are  settled, 
and  probably  my  course  of  life,  it  has  appeared  to  me  proper  1o 
change  the  character  of  my  diary.  The  noting  of  daily  occur- 
rences are  no  longer  necessary  for  the'  purpose  for  which  I  began 
them.  My  habit  of  rising  between  5  and  6  o'clock  A.M.  is  settled, 
also  my  determination  to  worship  privately  with  Mrs.  Foot  in  the 
morning,  and  which  I  have  done  uniformly  heretofore,  and  wiili 
my  whole  family  at  10  o'clock  P.M.,  which  I  have  uniformly  dciu- 
since  the  time  mentioned  in  my  diary.  My  manner  of  spendir  ~ 


AND  COLLATERAL  REMINISCENCES.  175 

the  day  is  almost  always  the  same.  Should  there  be  any  change  in 
my  mode  of  life  hereafter,  or  anything  unusual  occur,  it  shall  be 
recorded  in  my  diary.  In  a  few  things  I  am  resolved  to  be  so  far 
master  of  myself  as  to  correct  my  habits.  In  the  first  place,  my 
time  shall  be  better  employed,  that  is,  there  shall  be  less  waste  of 
it.  In  the  second  place,  a  much  less  amount  of  thought  shall  be 
bestowed  on  my  building  and  my  own  private  affairs,  and  with 
God's  help,  I  will  live  nearer  to  Him." 

In  accordance  with  my  determination  in  regard  to  keeping 
my  diary,  I  kept  it  irregularly  for  four  years  and  until  the 
month  of  June,  1840,  sometimes  writing  it  weekly,  sometimes 
monthly,  and  occasionally  at  other  times,  as  they  were  found 
convenient.  A  return  to  daily  entries,  and  my  reasons  for  it, 
will  be  mentioned  in  my  account  of  the  year  1840. 

An  unusual  number  of  domestic  matters  and  occurrences 
required  my  attention  and  occupied  my  time  this  year.  The 
principal  ones  were — superintending  the  building  of  my  house, 
superintending  the  building  of  Mr.  Campbell's  stores  on  Pearl 
and  Water  Streets,  which  had  been  destroyed  by  the  great  fire 
in  December  previous,  the  confinement  of  your  mother,  and 
the  birth  of  our  second  son,  and  the  death  of  your  grand- 
father Campbell,  followed  by  the  disposition  and  settlement 
of  his  estate.  These,  with  my  professional  and  social  duties, 
took  up  nearly  my  whole  time,  except  a  small  portion  devoted 
to  exercise  and  recreation.  My  reading  was  general  and  de- 
sultory, as  opportunity  offered.  The  languages  received  no 
attention  from  me,  nor  did  I  make  a  single  public  address,  or 
write  an  article  for  a  public  journal. 

My  profession  took  me  from  the  city  only  once  this  year, 
and  that  was  to  Albany  for  three  days  in  the  latter  part  of 
August. 

My  advancement  in  my  profession  continued  this  year. 
My  diary  of  Saturday,  the  5th  of  March,  contains  this  entry : 
"  During  the  last  fortnight,  I  have  been  engaged  rather  more 
than  usual  in  my  profession.  The  late  calamitous  fire,  which 
occurred  in  this  city,  has  given  rise  to  numerous  questions  of 
right,  and  I  have 'been  consulted  and  my  written  opinions 


176  AUTOBIOGRAPHY 

asked  on  many  of  them.  Confidence  in  my  private  and  profes- 
sional character  appears  to  be  increasing,  and  I  thank  my 
Heavenly  Father  for  his  great  goodness  to  me,  so  unworthy  of 
his  favors  as  I  am." 

Our  second  son  was  born  on  the  15th  of  June,  and  bap- 
tized by  our  pastor,  the  Eev.  Dr.  Phillips,  on  the  17th  of  July, 
and  named  "  Samuel  Campbell,"  after  his  maternal  grand- 
father, who  died  on  the  26th  of  June  previous. 

My  project  of  building  a  house  at  last  appeared  to  me  in 
its  true  light.  In  my  diary  of  the  5th  of  December  is  this 
entry  :  "  It  (the  erection  of  my  house)  has  occupied  too  many 
of  my  thoughts,  and  too  large  a  portion  of  my  time.  A  wise 
man  will  never  build  a  house,"  and  again  in  my  diary  of  the 
17th  of  that  month  is  the  following  entry  :  "  Too  much  time 
has  been  spent  on  my  house.  I  am  thankful  it  is  almost 
done." 

Superintending  the  building  of  Mr.  Campbell's  stores  was 
so  entirely  outside  my  ordinary  pursuits,  that  I  will  copy  from 
my  diary  the  two  entries  which  it  contains  concerning  them  : 

April  9th,  Saturday. — "  On  Tuesday  morning  of  this  week, 
I  commenced  the  superintendence  of  the  building  of  Mr. 
Campbell's  stores,  in  Pearl  and  Water  Streets.  A  large  part 
of  my  time  this  week  has  been  devoted  to  that  object.  I  felt 
it  my  duty  to  undertake  this  task  for  the  family,  though  not  a 
very  pleasant  one." 

May  21st,  Saturday.—"  The  building  of  Mr.  Campbell's 
stores  has  drawn  more  largely  than  all  my  other  duties  upon 
my  time  and  attention.,  They  are  now  nearly  done." 

My  exercise  this  year,  as  in  previous  years,  was  walking  on 
the  Battery,  generally  in  the  morning,  and  riding  on  horse- 
back, or  in  my  wagon.  I  indulged  in  some  excursions,  and 
passed  some  time  in  July  and  August  out  of  the  city.  I  spent 
three  days  near  the  middle  of  July  riding  with  my  brother-in- 
law,  D.  L.  Clark,  over  the  north  side  of  Long  Island,  and  visit- 
ing friends  in  that  vicinity.  These  days  were  pleasantly 
passed.  A  detailed  account  of  them  will  be  found  in  my 
diary. 


AND  COLLATERAL  REMINISCENCES.  177 

On  the  19th  of  July  your  mother  and  I  went  to  the  Mill 
(the  name  of  the  family  residence),  to  make  your  grandmother 
a  visit.  We  took  the  children  with  us.  I  staid  a  couple  of 
days  and  then  returned  to  the  city,  leaving  your  mother  and 
the  children  there.  The  next  day  I  left  the  city  for  Ogdens- 
burgh,  to  visit  my  relatives  there..  I  stopped  a  couple  of  days 
at  Albany  with  Mr.  Fowler  and  his  family,  and  made  them  a 
visit,  also  a  few  hours  at  Schenectady,  which  were  passed  in 
sauntering  round  the  city,  particularly  the  old  college,  where 
J  received  my  education.  The  location  recalled  many  events 
to  my  mind  and  impressed  me  with  a  deep  sense  of  gratitude 
to  God,  for  having  carried  me  safely  through  the  temptations 
of  youth.  Being  detained  a  day  at  Utica,  I  passed  my  tune 
in  visiting  friends,  and  did  not  reach  Ogdensburgh  till  the 
evening  of  the  28th  of  July.  ,  Three  of  my  sisters  were  there. 
I  spent  five  days  with  them  and  other  relatives,  and  then 
returned  to  the  city  by  steamer  to  Oswego,  and  from  there  by 
land  and  water  carriage.  This  was  a  pleasant  journey  and 
visit. 

I  arrived  in  New  York  on  Saturday  morning,  the  6th  of 
August,  and  after  passing  a  few  hours  in  professional  and  in- 
dividual business,  went  over  to  the  Mill  and  found  your 
mother  and  the  little  boys  well.  The  Sabbath  was  passed  at 
the  Mill,  and  on  the  following  Monday  morning,  your  mother 
and  I  with  the  children  returned  to  the  city.  We  remained 
in  town  only  a  couple  of  days  and  then  went  to  Cowneck,  on 
Long  Island,  and  took  lodgings  for  ourselves  and  the  children 
for  the  residue  of  the  summer.  Your  mother  and  the  children 
remained  there  till  the  6th  of  September.  I  passed  my  time 
between  Cowneck  and  the  city,  except  a  business  journey  of  a 
few  days  to  Albany.  My  diary  shows  how  my  time  was  em- 
ployed both  in  the  country  and  city. 

On  the  6th  of  September  we  all  returned  to  the  city.  We 
remained  there  a  couple  of  days,  and  then  all  went  to  Albany 
to  make  Mr.  Fowler  and  his  family  a  visit.  I  staid  in  Albany 
several  days,  and  then  returned  to  the  city,  leaving  your 
mother  and  the  children  there.  They  remained  till  Monday, 
12 


178  AUTOBIOGRAPHY 

the  26th  of  September,  when  I  went  for  them,  and  we  all  re- 
turned to  town,  where  we  remained  the  rest  of  the  year. 

The  state  of  my  religious  feelings  this  year,  and  my  pro- 
gress, if  any,  in  holiness  will  appear  by  a  few  extracts  from  my 
diary : 

Saturday,  January  16th.  After  an  account  of  the  previous 
week. — "  We  have  attended  to  our  devotions  regularly,  but  so  far  as 
I  am  concerned,  not  I  fear  with  the  fervor  and  singleness  of  heart 
due  to  such  solemn  and  interesting  duties." 

Saturday,  February  20th.  After  an  account  of  the  previous 
week. — "  Although  the  weather  has  been  severe  during  the  whole 
week,  our  family  has  enjoyed  good  health,  and  we  have  wanted  noth- 
ing. Would  that  our  spiritual  wants  were  as  earnestly  sought  for 
as  our  temporal.  0  God,  give  us  grace  to  adore  and  bless  thee  as 
we  ought,  and  help  us  to  magnify  thy  great  and  holy  name." 

Saturday,  March  5th. — "  The  world  seems  more  and  more  to 
allure  me  as  my  domestic  joys  and  temporal  comforts  increase. 
To-morrow  we  celebrate  in  our  church  the  dying  love  of  our  dear 
Eedeemer,  and  when  I  examine  myself,  and  discover  how  far  my 
soul  is  from  that  holiness,  which  ought  to  belong  to  a  professed 
follower  of  the  blessed  Saviour,  I  almost  fear  to  approach  His  table. 
May  He  give  me  grace  to  partake  worthily  of  His  broken  body  and 
shed  blood." 

Saturday,  April  30th. — "  This  day  our  little  boy  is  one  year  old. 
I  thank  God  for  continuing  his  life,  and  for  all  the  blessings  which 
are  daily  poured  out  so  abundantly  upon  us.  Would  that  I  were 
more  deserving  of  them." 

Saturday,  June  4th. — "  My  religious  duties  have  been  better 
attended  to  than  during  the  fortnight  previous,  though  far  from 
as  well  as  they  ought  to  have  been.  To  my  God,  I  owe  everything, 
and  to  Him  I  fail  to  render,  even  a  tardy  obedience.  Without  the 
atonement  of  my  Eedeemer,  my  ruin  forever  would  be  certain.  0 
God,  give  me  thy  grace  to  work  out  my  salvation  by  the  use  of  thy 
appointed  means." 

Wednesday,  June  15th. — "  This  day  Mrs.  Foot  gave  birth  to  a 
second  son — a  perfect  and  healthy  child.  For  this  precious  gift,  I 
return  my  sincere  and  hearty  thanks  to  my  Heavenly  Father,  and 
pray  Him,  for  Christ's  sake,  to  spare  the  life  He  has  thus  kindly 


AND  COLLATERAL  REMINISCENCES.  179 

bestowed,  and  to  enable  me  and  Mrs.  Foot  to  perform  our  respon- 
sible duties  to  this  little  immortal.  Oh  assist  us  to  realize,  thou 
Giver  of  life,  and  Judge  of  the  quick  and  dead,  the  extent  and 
solemnity  of  the  new  obligations,  which  have  devolved  on  us,  and 
give  us  the  aid  of  thy  Spirit  to  fulfill  them ! " 

Sunday,  17th  July.  The  day  our  second  son  was  baptized. — 
"  It  gave  me  holy  joy  to  present  another  son  at  the  altar,  and  have 
conferred  on  him  the  privileges  of  Christian  baptism." 

Saturday,  October  8th.  After  mentioning  that  my  old  habit 
of  musing  seemed  to  be  growing  of  late  upon  me,  and  that  it  had 
been  a  serious  injury  to  me  through  life. — "  It  draws  me  too  away 
from  frequent  communion  with  God,  and  thus  retards  my  growth 
in  grace.  Oh  may  my  soul  be  won  away  from  the  world !  There 
is  nothing  here  for  an  immortal  soul  to  rest  upon,  and  with  God's 
blessing  I  will  more  earnestly  endeavor  to  prepare  for  death." 

Monday,  December  5th.—"  Yesterday  we  celebrated  the  sacra- 
ment of  the  Lord's  supper  in  our  church.  Mrs.  Foot  was  with 
me.  It  was  an  interesting  occasion  to  me,  though  deeply  oppressed 
with  a  sense  of  unworthiness  of  so  close  an  approach  to  my  God 
and  Saviour.  My  vows  were  renewed,  and  with  God's  help,  I  hope 
to  perform  them  better  than  heretofore.  The  world  has  too  strong 
a  hold  upon  me.  Often  while  engaged  in  my  devotions  in  the 
public  sanctuary,  it  obtrudes  itself  upon  my  thoughts.  Oh  when 
will  my  heart  and  mind  be  pure  and  holy,  and  fitted  for  the 
presence  of  my  God!" 

Saturday,  December  17th. — "  This  is  my  birthday.  I  am  forty- 
six  years  old.  How  grateful  I  ought  to  be  to  my  Heavenly  Father 
for  thus  prolonging  my  life,  and  how  barren  it  has  been — how  lit- 
tle I  have  accomplished.  0  God,  forgive  me !  It  seems  as  if  my 
year  had  been  wasted.  I  dare  make  no  promises  for  the  future, 
but  pray  God  to  help  me  to  become  a  better  and  more  useful  man. 
Too  much  time  has  been  spent  on  my  house.  I  am  thankful  it  is 
almost  done.  0  Father  of  mercies,  help  me  to  live  nearer  to  thee 
during  the  coming  year." 

Saturday,  31st  December. — "  The  business  and  concerns  of  this 
life  take  too  deep  hold  of  me.  My  sense  of  right  and  justice  often 
carries  me  too  far,  and  sometimes  must  become  almost  a  fault.  I 
hope  and  trust  that  the  next  year  will  find  me  freer  from  worldly 
cares.  With  God's  help,  I  intend  to  live  nearer  to  Him.  Another 


180  AUTOBIOGEAPHY 

year  has  gone,  and  how  far  I  still  am  from  my  God  and  Saviour. 
*  *  *  Blessed  Father,  have  compassion  on  me,  and  give  me  a 
new  spirit,  for  Christ's  sake.  I  thank  thee  for  the  many  favors 
thou  hast  bestowed  on  me  the  past  year — for  the  happiness  I  have 
enjoyed,  and  especially  for  many  holy  joys  derived  from  commun- 
ion with  thy  spirit.  Increase  the  work  of  grace,  which  I  trust  thou 
hast  begun  in  my  heart,  until  I  shall  be  fitted  for  the  society  of 
the  redeemed  in  glory.  I  ask  all  things  for  the  dear  Saviour's 


1837. 

My  professional  engagements  this  year  were  more  numerous 
and  important  than  in  any  previous  year.  They  required  so 
much  of  my  time,  that  no  attention  was  given  to  the  lan- 
guages, and  only  occasional  snatches  of  time  employed  in 
general  reading.  The  daily  papers,  however,  were  never  wholly 
neglected,  but  always  read  with  more  or  less  care,  as  opportu- 
nity offered.  My  family,  furnishing  our  new  house,  arrange- 
ments to  move  and  moving  into  it,  and  social  duties,  necessarily 
took  portions  of  my  time. 

Having  moved  away  from  the  Battery,  and  sold  my  horse, 
my  exercise  was  not  as  regular  nor  abundant  as  usual ;  nor 
did  I  allow  myself  more  than  a  few  weeks  in  July  and  August 
for  recreation,  and  not  all  those  in  succession,  but  in  piece- 
meal. 

Professional  duties  took  me  several  times  from  the  city. 
On  the  29th  of  July,  I  argued  an  important  question  at 
Poughkeepsie,  arising  on  the  will  of  Samuel  Jones,  deceased, 
on  the  retainer  of  the  towns  of  Oyster- bay  and  North  Hemp- 
stead.  The  first  three  days  of  August  were  passed  at  Albany, 
attending  a  special  term  of  the  Supreme  Court,  at  which  I 
argued  several  important  causes.  A  considerable  portion  of 
September  was  passed  at  Albany,  attending  the  Court  of 
Chancery  and  the  Court  for  the  Correction  of  Errors,  in  each 


AND  COLLATERAL  REMINISCENCES.  181 

of  which  I  argued  several  cases.  While  attending  those 
courts,  I  came  to  the  city,  went  over  to  the  Queens  County 
Circuit,  and  tried  an  interesting  cause. 

A  few  extracts  from  my  diary  will  give  a  correct  idea  of 
my  professional  business  this  year : 

February  22d. — "  My  professional  avocations  have  been  numer- 
ous and  important  the  last  month.  I  have  tried  several  interesting 
cases  before  juries,  and  argued  several  causes  before  the  courts, 
and  what  is  singular,  every  one  has  been  decided  in  favor  of  my 
clients." 

November  7th.-^"  Since  my  return  from  Geneva  (25th  of 
August),  I  have  been  deeply  engrossed  in  my  profession." 

December  7th.— «  The  last  month  has  flown  rapidly  away.  I 
have  been  actively  engaged  in  my  professional  duties,  and  have 
argued  several  important  causes.  The  confidence  of  the  commu- 
nity in  me  appears  to  be  increasing,  for  which  I  thank  my 
Heavenly  Father." 

I  only  made  two  public  addresses  this  year.  One  on  the 
10th  of  January,  at  a  meeting  ef  the  New  York  Bar  to  honor 
the  memory  of  Abraham  Van  Yechten,  of  Albany,  deceased. 
The  following  account  of  the  meeting  and  my  address  is  from 
my  diary : 

"Chancellor  Kent  presided.  Peter  A.  Jay  moved  the  resolu- 
tions, and  I  seconded  them.  My  address  was  approved  and  praised 
a  few  days  afterwards  in  the  Commercial  Advertiser.  In  the 
course  of  it,  I  mention  the  fact,  that  in  the  spring  of  1821  I  ad- 
dressed a  public  meeting  at  Albany,  called  to  recommend  Chan- 
cellor Kent,  Chief  Justice  Spencer,  Abraham  Van  Vechten,  and 
Stephen  Van  Kensselaer  as  candidates  for  members  of  the  conven- 
tion to  be  held  in  the  fall  of  that  year,  to  alter  the  constitution, 
and  mentioned  the  circumstance,  that  Mr.  Van  Vechten  was  the 
first  of  the  four  to  leave  the  scene.  The  meeting  of  the  bar  was  a 
very  large  and  respectable  one,  and  I  was  happy  in  being  able  to 
take  a  part  in  it," 

The  following  notice  of  the  meeting  and  of  my  address  was  in 
the  Commercial  Advertiser  of  the  13th  of  January: 


182  AUTOBIOGRAPHY 

"  THE  LATE  ME.  VAN  VECHTEN. — We  are  informed  that  the 
meeting  of  the  bar,  on  Wednesday,  was  a  worthy  compliment  to  the 
memory  of  that  good  man,  Abraham  Van  Vechten.  All  the  judges 
who  were  hi  the  city,  and  were  not  confined  to  their  houses  by  in- 
disposition, punctually  attended ;  and  we  noticed  Dr.  Duer  and 
Enos  T.  Throop,  Esqrs.,  former  Circuit  Judges,  and  William  John- 
son, Esq.,  in  the  crowd. 

"  Chancellor  Kent  opened  the  meeting  with  some  account  of 
Mr.  Van  Vechten's  life  and  practice,  and  a  detailed  history  of  their 
long  friendship — his  emotions  frequently  interrupted  his  utter- 
ance. After  which  Mr.  Jay  moved  the  resolutions,  prefacing  them 
with  a  yery  neat  speech,  the  close  of  which  was  particularly  happy 
— and  Mr.  Foot  seconded  the  resolutions.  His  address  was  longer, 
but  not  tedious,  and  it  was  a  beautiful  eulogium  upon  the  venera- 
ble man  whose  death  the  meeting  was  called  to  deplore.  In  the 
close,  the  example  was  forcibly  recommended  by  him  to  the  junior 
members  of  the  profession." 

The  other  public  address  was  made  on  the  evening  of  the  21st 
of  February.  My  diary  of  the  22d  of  that  month  contains  the  fol- 
lowing account  of  it : 

"  Last  evening  there  was  a  meeting  at  the  Tabernacle  of  the 
New  York  society  for  promoting  education  in  Africa,  and  a  large 
audience  attended.  The  speakers  were  the  Eev.  W.  Cone,  of  the 
Baptist  church,  Hon.  Theodore  Frelinghuysen,  myself,  and  the 
Eev.  Mr.  Palmer,  of  the  Methodist  church.  We  spoke  in  this 
order.  I  am  thankful  for  being  permitted  to  aid  in  this  great 
work.  My  address  was  better  received  than  I  anticipated." 

We  moved  from  our  residence,  No.  88  Greenwich  Street, 
into  our  new  house,  No.  678  Broadway,  on  Saturday  afternoon 
the  8th  of  April. 

Your  mother  and  I  spent  a  day  in  June  with  your  grand- 
mother and  her  family  at  Springfield,  N.  J.,  and  on  the  5th 
of  July  went  to  Connecticut,  and  made  a  visit  of  a  couple  of 
days  to  my  brother  and  sister  Scovill  and  their  family,  on  the 
old  farm  in  Watertown,  where  I  was  born.  On  the  12th  of 
that  month,  we  went  over  to  your  grandmother's  at  Spring- 
field, and  took  the  little  boys  with  us.  Your  mother  and  the 


AND  COLLATERAL  REMINISCENCES.  183 

boys  spent  the  balance  of  the  month  there.  While  they  were 
there,  I  went  over  twice  for  a  day  at  a  time,  and  once  for  three 
days.  On  the  3d  of  August,  your  mother  and  I  went  to 
Geneva,  to  visit  your  uncle  and  aunt  Clark.  The  little  boys 
went  with  us.  I  staid  till  the  23d  of  that  month,  and  then 
returned  to  the  city,  where  I  arrived  on  the  25th.  Your 
mother  and  the  children  remained  till  the  end  of  September. 
Almost  the  whole  of  my  time  at  Geneva  was  spent  in  out-door 
recreation.  We  rode,  fished,  bathed,  took  short  excursions  on 
the  lake,  &c. 

My  sister  York,  being  unable  to  give  her  son,  Joseph  S. 
York,  an  education,  I  concluded  to  take  him  into  our  office, 
and  assist  him  to  a  professional  education.  He  came  to  me 
about  the  middle  of  December,  and  remained  with  me  till  he 
was  admitted  to  the  bar  and  able  to  support  himself. 

Our  eldest  daughter,  whom  we  named  Euphemia,  was  born 
on  the  12th  of  December. 

Early  in  that  month  I  was  unanimously  elected  a  member 
of  the  "  Kent  Club."  This  club  was  composed  of  members  of 
the  bar,  who  claimed  high  social,  and  professional  distinction. 
The  first  meeting  of  the  club,  which  I  attended,  was  on  Satur- 
day evening,  the  16th  of  December.  The  entry  in  my  diary 
on  the  next  day  is  as  follows  : 

"  Last  evening  I  attended  the  "  Kent  Club."  It  was  in 
the  main  agreeable,  though  there  was  too  much  carousing  at 
the  close  of  the  evening.  I  left  at  11  o'clock.  I  fear  I  shall 
not  be  able  to  attend  the  club— certainly  not,  unless  I  find  it 
more  temperate." 

Miss  Sally  Duyckinck,  a  member  of  our  mother's  family 
and  a  relative,  died  on  the  18th  of  August.  Her  death  and 
that  of  Mr.  Campbell  the  year  before  kept  your  mother  and 
me  in  mourning.  We  did  not  consequently  visit  beyond  the 
circle  of  our  relatives  and  most  intimate  friends.  Although 
our  social  enjoyments  and  duties  were  thus  limited,  they  were 
many,  and  occupied  a  considerable  portion  of  my  time.  They 
are  fully  stated  in  my  diary. 

Extracts  from  my  diary  will  correctly  exhibit  the  manner 


184  AUTOBIOGRAPHY 

in  which  my  religious  duties  were  performed,  my  spiritual 
condition,  and  progress,  if  any,  in  holiness  : 

March  8th,  Wednesday. — "  The  last  Sabbath  was  communion 
Sabbath  in  our  church.  It  was  an  interesting  day  to  me.  We 
had  our  monthly  concert  of  prayer  in  the  evening,  which  Mrs. 
Foot  and  I  both  attended.  I  made  a  liberal  donation  to  the  object 
of  foreign  missions,  and  was  grateful  for  being  able  to  do  so." 

April  8th,  Saturday  evening.  The  day  we  moved  into  our  new 
house. — "  We  find  our  house  all  we  could  wish,  and  more  than  we 
expected.  We  have  entered  it  in  our  usual  health,  and  with 
grateful  feelings  to  the  Giver  of  every  good  gift,  for  having  pro- 
vided us  with  such  an  agreeable  dwelling.  We  pray  Him  to 
sanctify  it  to  our  use — to  enable  us  to  live  nearer  to  Him — to 
make  it  a  house  of  prayer,  and  our  family  His  servants.  *  *  * 
It,  is  my  firm  purpose  to  live  as  a  Christian  in  my  present  dwell- 
ing, and  I  pray  my  Heavenly  Father  to  give  me  grace  and  strength 
to  execute  it." 

July  4th. — "  We  have  lived  securely  under  the  protection  of  the 
laws  another  year.  How  great  a  blessing  this  is !  The  history  of 
this  country  is  but  the  record  of  the  goodness  of  our  God.  *  *  * 
My  religious  duties  for  the  last  two  months  have  been  attended  to 
as  well,  and  perhaps  better,  than  usual ;  but  oh,  how  far  short  they 
come  of  what  is  due  to  my  Heavenly  Father,  who  supplies  all  my 
wants,  and  watches  over  me  with  more  than  a  father's  care.  We 
had  a  communion  service  in  our  church  on  the  first  Sunday  in 
June.  Although  my  religious  feelings  were  revived  and  my  soul 
refreshed  by  it,  yet  I  could  not  give  myself  up  to  my  God  and 
Saviour  with  such  entire  devotion  to  His  will  and  singleness  of 
heart  as  my  Christian  profession  required.  The  world  has  too 
deep  a  hold  upon  me.  *  *  *  Mrs.  Foot  and  I  are  going  to 
Connecticut  to-morrow.  May  we  feel  the  protecting  arm  of  our 
God,  and  return  to  our  home  and  children  in  safety,  improved  by 
our  visit  and  journey." 

August  26th. — "  While  from  home  this  summer,  Mrs.  Foot  and 
I  have  attended  together  to  our  morning  and  evening  devotions  at 
our  usual  hours,  and  so  have  I  when  separated  from  her ;  but  they 
have  not  been  on  my  part  so  full  and  fervent  as  they  ought  to 
have  been.  *  *  *  Many,  and  more  than  I  can  name  or  num- 


AND  COLLATERAL  REMINISCENCES.  1§5 

ber,  have  been  the  blessings  which  a  kind  Providence  has  show- 
ered on  us.  "Would  that  my  walk  was  closer  with  Him.  *  *  * 
To  God  I  commit  my  present  and  eternal  interests,  and  pray  Him 
to  watch  over  me  and  mine,  and  guide  us  in  the  paths  of  truth 
and  holiness." 

December  7th,  Thursday.—"  Last  Sabbath  we  had  communion 
in  our  church.  Mrs.  Foot  was  not  able  to  attend.  These  com- 
munion seasons  are  delightful,  and  would  be  more  so,  could  I  feel 
that  my  progress  in  the  acquisition  of  Christian  graces  was  any- 
thing like  what  it  ought  to  be.  The  world  has  too  strong  a  hold 
upon  me,  and  I  pray  my  gracious  God  to  weaken  my  attachment 
to  it,  and  prepare  me  for,  death  and  His  presence." 

Tuesday,  December  12th.  The  birthday  of  Euphemia.— "  The 
child  is  healthy  and  perfect  in  form.  I  give  thanks  to  God  for 
this  manifestation  of  His  love,  and  pray  that  He  will  spare  my  life 
and  enable  me  and  her  mother  to  raise  her  in  His  fear  and  to  His 
glory." 

All  of  the  fourteen  children  whom  our  Heavenly  Father,  in 
the  plenitude  of  his  mercy  and  love,  has  given  us,  were  with- 
out physical  defects,  nor  was  any  one  of  them  deficient  in  in- 
tellect. They  all  had  good  constitutions — behaved  reasonably 
well,  and  no  one  of  them  ever  gave  us  cause  for  serious  un- 
happiness.  I  have  generally,  in  my  diary,  noticed  their  birth- 
days as  they  came  round,  recorded  my  thanks  for  their  spared 
lives,  and  a  prayer  for  their  preservation,  usefulness  in  this 
life,  and  preparation  for  death.  I  have  not  thought  worth 
while  to  insert  these  notices  in  this  family  history,  but  my 
children  will  find  them  in  my  diary  if  they  wish  to  look  at 
them. 

December  12th  (continued). — "I  have  to-day  determined  to 
bring  my  nephew,  Joseph  S.  York,  to  the  city  and  employ  him  in 
our  office,  and  have  written  to  his  mother  (at  Ogdensburgh)  to 
send  him.  I  hope  it  will  prove  advantageous  to  the  youth,  and 
that  God,  who  numbers  the  hairs  of  our  heads,  will  smile  upon  this 
enterprise,  and  make  the  lad  a  useful  citizen  and  a  humble 
Christian." 

December  17th.— "This  is  my  birthday,  and  I  have  little  more 
to  say  than  that  God  has  showered  his  blessings  upon  me  during 


186  AUTOBIOGRAPHY 

the  year,  and  I  have  done  almost  nothing  to  extend  His  cause, 
and  promote  His  glory  upon  the  earth.  Nor  can  I  perceive  that 
the  work  of  grace  in  my  heart  has  progressed,  or  that  I  am  a  bet- 
ter or  holier  man  than  on  my  last  birthday.  Verily  I  am  an  in- 
corrigible sinner,  and  an  unprofi  table  servant  of  my  Saviour.  0 
my  God,  why  dost  thou  spare  me  ?  It  is  certainly  only  through 
thy  forbearance  that  I  am  allowed  to  enter  on  another  year  of 
being.  Oh  have  compassion  on  me  and  spare  me,  for  Christ's 
sake !  Turn  me  to  thee  by  the  influences  of  thy  Spirit,  and  make 
me  a  child  of  heaven — an  heir  of  glory." 


1838. 

This  year  commenced  differently  from  any  previous  one. 
Your  mother  did  not  recover  from  her  confinement  on  the 
birth  of  Euphemia.  She  had  no  less  than  three  relapses.  The 
last  one  was  accompanied  with  fever,  and  her  life  was  con- 
sidered in  peril  for  several  days.  She,  however,  finally  re- 
covered, and  towards  the  end  of  March,  was  able  to  resume 
her  usual  duties.  This,  and  the  sickness  of  our  little  daughter 
in  August,  of  which  I  will  by  and  by  give  an  account,  were 
the  unhappy  events  of  the  year. 

My  time  this  year  was  divided  mainly  between  profes- 
sional engagements  and  social  enjoyments  and  duties.  Be- 
ing out  of  mourning,  we  went  freely  into  society,  and  to  a 
greater  extent  than  in  any  year  since  your  mother  and  I  were 
married.  We  had  a  large  and  interesting  circle  of  relatives, 
friends,  and  acquaintances.  I  had  occasionally,  for  a  number 
of  years,  spent  an  evening  with  some  friend,  playing  chess. 
This  year  I  did  that  more  frequently.  I  also  occasionally 
attended  a  meeting  of  the  "  Kent  Club,"  and  had  a  meeting 
at  my  house  in  November,  which  was  a  full  and  large  one. 
Chancellor  Kent  attended.  There  were  also  present  a  large 
number  of  guests  invited  by  me  and  other  members  of  the 
club.  • 

Notwithstanding  all  these  drafts  on  my  time,  I  found  op- 
portunity this  year  for  considerable  general  reading  beside  the 


AND  COLLATERAL  REMINISCENCES.  187 

daily  journals,  though  none  for  the  study  of  the  languages.  Al- 
though the  number  and  importance  of  my  professional  engage- 
ments increased,  yet  having  a  good  law  library,  which  I  kept 
at  my  house,  and  an  increasing  fund  of  professional  knowledge, 
I  was  able  to  prepare  for  the  trial  and  argument  of  causes 
with  less  labor.  This  of  course  gave  me  more  time  for  other 
duties. 

The  first  of  May  has  always  been  the  commencement  of  my 
fiscal  year.  On  that  day,  Mr.  Davies  and  I  always  settled  our 
pecuniary  transactions  for  the  previous  year.  On  that  day 
this  year,  I  say  in  my  diary  :  "  My  professional  success  and 
income  have  surpassed  that  of  any  previous  year,"  and  on  the 
2d  of  June,  "I  have  tried  and  argued  several  important 
causes  in  the  last  month,  and  succeeded  in  them  all  but  one, 
which  was  tried  yesterday." 

My  professional  duties  this  year  were  confined  to  the  city, 
with  only  two  exceptions,  viz. :  in  March,  I  went  to  Albany  to 
argue  a  question  before  the  Supreme  Court,  and  again  in 
April,  for  the  same  purpose. 

I  addressed  no  public  assembly  this  year,  nor  wrote  an 
article  for  a  public  journal. 

Almost  the  only  exercise  I  took  in  the  city,  was  working 
occasionally  in  my  garden,  and  walking  to  and  from  my  office, 
when  the  weather  would  permit. 

I  had  some  relief  from  duties  in  the  city  during  the  sum- 
mer months.  About  the  middle  of  June,  your  mother  and  I 
went  over  to  Springfield,  and  made  your  grandmother  a  visit 
of  five  days.  We  had  intended  to  spend  July  in  the  city,  and 
August  at  Springfield,  but  the  weather  became  very  hot  and 
oppressive.  The  children,  particularly  the  little  girl,  appeared 
to  suffer  so  much,  that  we  changed  our  plan,  and  on  the  21st 
of  July  went  down  to  Long  Branch,  N.  J.,  with  the  children. 
We  remained  there  till  the  15th  of  August,  when  we  returned 
to  the  city.  Some  days  before  our  return,  our  little  daughter 
was  taken  quite  ill,  and  remained  so  for  several  days  after  our 
return  before  she  began  to  improve.  By  the  1st  of  September, 
she  had  so  far  recovered,  as  to  enable  your  mother  to  take  her 


188  AUTOBIOGRAPHY 

with  her  to  Springfield,  whither  the  little  boys  went  a  few  days 
after  we  came  from  Long  Branch,  and  where  they  still  re- 
mained. The  little  girl  got  quite  well  during  the  first  week 
she  was  at  Springfield.  All  returned  to  the  city  in  good 
health  on  the  24th  of  September. 

For  myself,  while  your  mother  and  the  children  were  at 
Long  Branch,  I  came  to  the  city  every  Wednesday,  and  re- 
mained a  couple  of  days,  attending  to  business,  and  while  they 
were  at  Springfield,  spent  a  day  with  them  once  a  week.  I 
had  an  ill  turn  near  the  end  of  August,  but  with  the  aid  of 
some  medicine  got  over  it  in  a  few  days. 

Our  sojourn  at  Long  Branch  was  very  pleasant.  Beside 
bathing  daily  in  the  ocean,  we  met  and  made  the  acquaintance 
of  a  large  number  of  intelligent  and  interesting  ladies  and  gen- 
tlemen, mostly  from  Philadelphia.  My  children  will  find  them 
all  mentioned  in  my  diary,  and  a  full  account  of  little  Euphe- 
mia's  illness. 

Some  extracts  from  my  diary,  will  show  the  state  of  my 
religious  feelings  this  year,  my  views  of  God  and  his  works, 
and  how  far  short  I  came  of  the  true  standard  of  Christian 
duty: 

February  1st.  After  an  account  of  my  temporal  prosperity. — 
"  Would  that  I  could  give  as  favorable  an  account  of  my  spiritual 
welfare  during  the  past  month.  My  thoughts  have  been  so  intent 
on  the  world  and  its  affairs  that  I  have  come  far  short  of  doing 
due  honor  to  God.  He  is  my  only  true  joy ;  and  the  only  unal- 
loyed happiness  I  have  is  in  communion  with  Him.  Oh  may  my 
soul  be  drawn  to  Him,  and  become  like  my  blessed  and  beloved 
Eedeemer!  Lord  help  my  unbelief  and  worldly-mindedness.  I 
ask  it  for  my  dear  Redeemer's  sake." 

Sunday  Evening,  March  4th. — "  During  the  last  month  I  have 
felt  the  hand  of  my  God  in  chastisement  and  in  mercy.  Mrs. 
Foot  has  been  very  ill,  and  for  a  day  or  two  my  anxiety  concern- 
ing her  was  great.  She  is  now  slowly  recovering.  May  God  in 
his  mercy  fully  restore  her.  To-day  the  sacrament  of  the  Lord's 
supper  was  administered  in  our  church.  I  was  alone  in  the  family 
pew.  Mrs.  Foot  was  not  well  enough  to  attend.  I  was  deeply  in- 
terested, and  my  soul  was  refreshed  by  the  service ;  but  my  heart 


AND  COLLATERAL  REMINISCENCES.  189 

is  still  far  from  God.  Oh,  would  that  I  was  holy  and  like  unto  my 
dear  Eedeemer !  0  God,  sanctify  me  and  accept  of  me,  for  Christ's 
sake." 

May  1st.  After  mentioning  my  professional  success  and  in- 
come.— "This  lays  me  under  additional  obligations  to  live  as  I 
shall  wish  I  had  when  death  approaches,  and  to  use  my  means 
and  direct  my  efforts  to  the  extension  of  the  Saviour's  kingdom  on 
earth.  *  *  *  The  two  (previous)  months  have  passed  agree- 
ably, and  I  hope  usefully.  My  devotions  have  been  attended  to 
rather  better  than  usual,  and  I  hope  the  work  of  grace  is  progress- 
ing in  my  heart ;  but  sometimes  it  appears  to  me,  that  I  am  still 
wholly  a  worldling  and  an  entire  stranger  to  my  God.  I  pray  for 
His  blessing,  and  entreat  Him  to  draw  me  into  the  fold  of  the 
Lamb." 

June  3d. — "  My  devotional  duties  the  last  month  have  been 
performed  as  usual.  I  have  had  seasons  of  sweet  and  holy  con- 
verse with  my  Heavenly  Father,  but  still  it  seems  as  if  I  was 
almost  a  stranger  to  Him.  Oh,  were  I  His  in  spirit  and  in  truth, 
how  delightful  would  be  every  duty,  thought,  and  hope !  May  the 
influences  of  His  Spirit  sink  deeply  into  my  soul,  is  my  fervent 
prayer." 

Monday,  July  2d. — "  Yesterday  was  the  Sabbath,  and  also  the 
anniversary  of  Mrs.  Foot's  and  my  marriage.  We  have  lived  hap- 
pliy  together  for  four  years,  and  no  serious  misfortune  has  befallen 
us.  God  has  dealt  kindly  with  us.  He  has  brought  Mrs.  Foot 
into  His  church,  and  given  us  three  healthy  and  promising  chil- 
dren. Oh  may  our  hearts  be  suitably  impressed  with  a  sense  of 
His  goodness ! " 

August  27th.—"  While  at  the  Branch,  I  was  frequently  deeply 
impressed  with  the  unlimited  power  of  the  Creator,  while  looking 
upon  the  boundless  ocean,  watching  the  heavy  swells  as  they  came 
in  and  spent  themselves  upon  the  beach,  as  if  they  felt  the  restrain- 
ing influence  of  the  command,  '  Hitherto  shalt  thou  come,  but  no 
further.'  *  *  *  One  evening  when  in  town,  while  sitting  at 
the  east  window  of  the  second  story  of  my  house,  admiring  an  im- 
posing thunder-storm,  a  flash  of  lightning  struck  the  steeple  of  St. 
Bartholomew's  church,  which  was  within  twenty  rods  of  me.  The 
flash  and  sound  were  instantaneous.  They  were  fearful,  and  filled 
me  with  awe.  I  sprang  involuntarily  from  my  seat  When 


190  AUTOBIOGRAPHY 

thought  resumed  her  sway,  I  could  not  but  admire  and  adore 
Him,  who  holds  the  lightnings  in  His  hands.  How  small  is  man 
compared  with  the  wonderful  works  of  God !  Oh,  may  I  love  and 
adore  him  as  I  ought ! " 

December  17tb. — "This  is  my  birthday.  God  has  spared  my 
life  another  year,  and  filled  it  with  blesssings.  0  Father  in  heaven, 
I  give  thee  my  sincere  and  hearty  thanks  for  all  thy  favors  during 
the  past  year.  When  I  compare  my  own  shortcomings  in  duty 
with  the  fullness  of  thy  love  and  mercy,  I  cannot  but  feel  the  force 
of  the  expression,  "  What  is  man  that  thou  art  mindful  of  him,  or 
the  son  of  man  that  thou  dost  visit  him ! "  Oh  forgive  my  sins, 
for  Christ's  sake,  pour  out  thy  Spirit  upon  me,  and  enable  me  to 
live  nearer  to  thee  1  This  is  the  time  of  my  life  when  I  ought  to 
be  the  most  useful,  when  I  should  be  the  most  earnestly  engaged 
in  preparing  for  another  and  better  world,  and  promoting  the  eter- 
nal welfare  of  my  fellow-men.  Yet  how  far  I  am  from  this  point 
of  duty !  Although  somewhat  engaged  iu  preparation  for  meeting 
my  God  on  his  judgment-seat,  the  condition  of  my  fellow-immor- 
tals occupy  but  a  small  portion  of  my  thoughts.  I  make  my 
pecuniary  contributions,  and  with  them  almost  terminates  my  in- 
terest. My  thoughts  are  devoted  to  this  world,  its  possessions  and 
honors.  The  whole  fault  is  in  my  heart,  which  is  far  from  God. 
Oh  may  it  be  changed,  may  my  affections  be  sanctified,  and  my 
soul  fitted  for  heaven ! " 


1839. 

This  was  an  eventful  year  for  me.  Several  events  trans- 
pired which  distinguished  it  from  other  years  of  my  life. 

The  first,  in  order  of  time,  and  in  importance,  was  a  change 
of  our  ecclesiastical  relations. 

Early  in  April,  we  left  the  First  Presbyterian  church  in 
Wall  Street,  and  commenced  attending  a  church  in  Ninth 
Street,  which  belonged  to  the  Collegiate  Reformed  congrega- 
tion. The  new  edifice,  which  this  congregation  had  erected  at 
the  corner  of  Fourth  Street  and  Lafayette  Place,  was  dedicated 
on  the  9th  of  May.  The  pews  were  sold  on  the  3d  of  June,. 


AND  COLLATERAL  REMINISCENCES.  191 

and  I  purchased  an  eligible  one.  On  the  5th  of  that  month,  I 
addressed  a  note  to  the  Eev.  Dr.  Phillips,  the  pastor  of  the 
First  Presbyterian  church,  and  asked  a  dismission  of  Mrs.  Foot 
and  myself  from  that  church  to  the  Collegiate  Eeformed 
church.  My  note  closed  with  this  remark  : 

"  In  taking  leave  of  the  church  under  your  care,  permit  me 
for  myself  and  Mrs.  Foot  to  express  the  deep  sense  of  grati- 
tude we  feel  to  the  Great  Head  of  the  church,  for  calling  us 
into  communion  with  His  chosen  people,  and  to  you,  as  His  in- 
strument, in  accomplishing  that  happy  result.  We  regret 
separating  ourselves  from  the  Presbyterian  church  just  at  this 
time,  when  it  promises  great  usefulness  and  harmony  of  action, 
but  our  distance  from  any  congregation  in  connection  with  it, 
seems  to  render  the  measure  necessary.  We  wish  it,  however, 
and  all  connected  with  it,  a  long  career  of  signal  success." 

I  received  the  usual  certificate  the  next  day,  and  presented 
it  to  the  Eev.  Dr.  Knox,  the  senior  pastor  of  the  Collegiate 
church. 

The  reasons  of  this  change  are  stated  in  my  diary  as 
follows : 

"  We  have  been  led  to  this  change,  principally,  on  account  of 
the  distance  from  our  residence  of  the  church  to  which  we  be- 
longed. We  have,  for  the  last  two  years,  spent  upon  an  average 
two  hours  of  each  Sabbath  in  the  street,  walking  and  riding  to  and 
from  church.  We  severed  our  connection  with  the  Wall  Street 
church  with  great  reluctance.  It  is  the  only  church,  which  I  have 
steadily  attended  in  this  city,  and  the  one  with  which  I  united 
when  I  openly  professed  my  attachment  to  my  Redeemer.  Mrs. 
Foot  has  attended  it  from  her  infancy.  But  the  time  spent,  I  may 
say,  wasted,  in  the  street  every  Sunday,  the  difficulty  of  attending 
the  exercises  at  the  lecture-room  during  the  week,  and  the  almost 
impossibility  of  sending  our  little  ones  to  the  Sunday  school,  de- 
termined us  to  seek  another  place  of  worship.  The  Presbyterian 
churches  in  our  vicinity  all  belong  to  the  Third  Presbytery  of 
New  York,  which  has  seceded  from  the  Presbyterian  church  of 
the  United  States,  by  reason  of  differences  in  doctrine  and  prac- 
tice, in  respect  to  which,  Mrs.  Foot  and  I  wholly  disagree  with 
the  secession.  There  is  consequently  no  church  and  congregation 


192  AUTOBIOGRAPHY 

in  our  neighborhood,  with  whom  we  can  so  cordially  unite,  as  the 
Dutch  Reformed ;  and  I  pray  God  to  bless  our  choice,  and  render 
it  a  means  of  drawing  us  nearer  to  Him,  and  of  bringing  our  chil- 
dren into  the  bosom  of  His  church  on  earth." 

The  next  unusual  event  of  the  year  was  the  separation  of 
your  mother  and  myself  for  nearly  all  of  three  months.  On 
the  3d  of  June,  she  took  the  two  youngest  children  and  accom- 
panied our  brother  and  sister,  Mr.  and  Mrs.  D.  Lawrence 
Clark,  to  their  residence  in  Geneva,  and  remained  there  till 
the  7th  of  October.  Our  oldest  boy,  John,  remained  with  me 
in  the  city.  On  Friday,  the  28th  of  June,  I  left  the  city  for 
Utica,  to  attend  the  term  of  the  Supreme  Court,  which  com- 
menced there  the  next  Monday.  Finding  that  my  attendance 
the  first  week  of  the  term  was  not  required,  I  went  on  to 
Geneva,  and  passed  a  week  with  your  mother  and  our  rela- 
tives ;  then  returned  to  Utica,  where  I  was  detained  by  pro- 
fessional duties  until  the  24th  of  July,  with  the  exception  of 
three  days,  which  were  occupied  in  going  to  Ithaca  to  attend  a 
convention,  held  there  on  the  llth  of  that  month,  to  promote 
the  construction  of  the  New  York  and  Erie  Railroad,  to  which 
I  had  been  appointed  a  delegate  from  the  city  of  New  York. 
Returning  to  the  city  on  the  24th,  I  remained  there  only  a  few 
days.  On  the  afternoon  of  the  29th,  I  left  with  my  little  son, 
John,  for  Geneva,  where  we  arrived  on  the  31st,  and  where  I 
remained  till  the  2d  of  September,  spending  the  whole  month 
of  August  there.  On  the  2d  of  September  I  returned  to  the 
city,  spent  that  month  there,  and  on  the  2d  of  October  went 
to  Geneva  for  your  mother  and  the  children.  We  all  left 
Geneva  for  New  York  on  the  7th  of  October,  and  arrived  there 
safely  on  the  9th. 

Your  mother  and  I  exchanged  letters  almost  every  day. 
Our  children  will  find  them  in  the  family  correspondence,  and 
I  hope  will  read  them,  as  well  as  the  other  letters  which  passed 
between  their  mother  and  me. 

The  next  event  of  the  year,  in  the  order  of  time,  was  the 
delivery  of  an  argument  before  the  Supreme  Court  at  Utica, 


AND  COLLATERAL  REMINISCENCES.  193 

in  favor  of  the  constitutionality  of  the  General  Banking  Law, 
passed  the  year  before. 

This  was  the  most  important  cause  I  had  ever  argued, 
both  as  regards  the  amount  of  property  involved,  and  the  ex- 
tent of  the  interests  and  business  of  the  community,  affected 
by  the  decision.  I  was  retained  while  at  Utica,  and  had  only 
about  one  week  to  prepare  for  the  argument.  I  employed, 
however,  the  whole  of  my  time,  both  night  and  day,  save  the 
few  hours  each  night  required  for  sleep.  At  the  request  of  the 
parties  interested,  I  wrote  out  my  argument,  and  had  a  large 
edition  of  it  printed  at  Geneva,  while  there  in  August,  for 
general  circulation.  This  was  done  on  account  of  the  great 
interest  the  public  felt  in  the  question,  as  well  as  to  create  a 
correct  public  sentiment,  in  view  of  the  decision,  which  our 
popular  Court  for  the  Correction  of  Errors  would  give  on  the 
question  the  following  winter,  as  it  was  known  that  the  cause 
would  be  carried  to  that  court,  argued,  and  finally  decided 
there. 

This  argument  greatly  increased  my  professional  reputa- 
tion, and  added  largely  to  the  number  and  importance  of  my 
future  engagements. 

It  is  No.  23  of  "  Papers  Written  by  me."  I  have  added 
to  it,  the  notices  taken  of  it  in  the  public  journals,  not  to 
gratify  my  vanity,  but  to  let  my  children,  especially  my  sons, 
who  are  following  my  profession,  see  that  reward  follows 
effort. 

There  are  in  my  diary  several  particulars  and  incidents  of 
this  argument  and  its  publication,  which  may  interest  my 
children. 

The  convention  held  at  Ithaca  on  the  llth  of  July,  to  pro- 
mote the  construction  of  the  New  York  and  Erie  Kailroad,  was 
an  interesting  assembly.  There  were  a  large  number  of  dele- 
gates from  the  city  and  other  sections  of  the  state  interested 
in  the  construction  of  the  road,  all  of  whom  were  men  of  high 
character,  and  many  of  them  quite  distinguished.  I  say  in 
my  diary  :  "  The  convention  met  at  12  o'clock.  The  residue 
of  that  day  and  the  evening  were  passed  in  it.  I  was  on  the 
13 


194  AUTOBIOGRAPHY 

committee  to  prepare  and  present  resolutions,  and  took  an 
active  part  in  forming  those  which  were  presented  to  the  con- 
vention and  adopted."  My  diary  contains  a  full  account  of 
my  journey  from  Utica  to  Ithaca,  and  of  the  gentlemen  whom 
I  met  and  passed  my  time  with. 

The  next  event  of  the  year  was  spraining  badly  my  ankle, 
while  running  and  playing  with  my  little  boys  at  Geneva  in 
August.  This  kept  me  lame  for  nearly  a  year,  and  obliged  me 
to  use  a  carriage,  whenever  I  moved  from  place  to  place,  and 
to  hobble  about  the  courts.  I  mention  this  trivial  incident 
merely  to  enable  me  to  say3  that  lawyers  are  good  for  some- 
thing beside  serving  their  clients.  For  after  trying  numerous 
remedies  prescribed  by  physicians  without  material  benefit, 
my  sprain  was  cured  in  three  weeks,  by  an  application  recom- 
mended by  a  brother  lawyer,  the  late  Joseph  Blunt.  It  was 
simply,  giving  my  ankle  three  times  a  day,  a  bath,  as  hot  as  I 
could  bear  it,  in  a  strong  decoction  of  wild  cherry  bark. 

The  next  and  a  far  more  interesting  event  was  the  birth  of  a 
second  daughter  at  Geneva  on  the  31st  of  August.  The  entry 
in  my  diary  respecting  it  is  as  follows  : 

"  This  last  little  one  is  our  fourth  child  ;  and  for  her  I  re- 
turn most  sincere  thanks  to  the  Creator  of  all  things,  and  espe- 
cially for  her  being  perfect  in  body,  and  endowed  with  ordinary 
faculties.  May  she  live  to  His  glory  and  the  good  of  her  fel- 
low-creatures." 

The  last  event  of  the  year,  worth  mentioning,  was  the 
delivery  of  a  lecture  on  the  evening  of  the  26th  of  December, 
at  the  Lyceum,  in  Brooklyn,  before  "  The  Hamilton  Literary 
Association,"  on  "The  Moral  Influences  of  Kevulsions  in 
Trade." 

I  had  a  large  audience ;  the  lecture  was  well  received,  and 
as  I  afterwards  learned,  highly  approved.  The  Society  passed 
and  sent  me  a  resolution  of  warm  thanks  for  my  "  very  able 
lecture." 

This  lecture  was  not  written,  but  delivered  from  very  brief 
notes,  hardly  anything  more  than  clue-words.  They  are 
.among  my  old  papers  of  this  year. 


AND  COLLATERAL  REMINISCENCES.  195 

My  time  this  year  was  mainly  and  earnestly  devoted  to  my 
profession.  Social  duties,  of  course,  took  up  some  portion  of 
it,  and  I  was  able  also  to  read  occasionally  something  beside 
the  daily  journals.  I  had  no  regular  exercise  beyond  walking 
to  and  from  my  office  before  spraining  my  ankle  ;  nor  any  re- 
creation beside  that  taken  at  Geneva,  with  the  exception  of  a 
couple  of  days  in  February,  which  your  mother  and  I  passed 
in  visiting  your  grandmother  and  aunt  Eliza  at  Springfield, 
and  a  trip  of  pleasure  and  business,  which  we  made  to  friends 
in  Philadelphia  on  the  20th  of  that  month,  and  which  occu- 
pied only  three  days. 

While  at  Geneva,  my  time,  except  that  portion  of  it  in 
August  occupied  in  superintending  the  printing  of  my  argu- 
ment, was  spent  in  fishing,  riding,  rowing  on  the  lake,  social 
intercourse,  and  light  reading. 

Beside  the  time  spent  at  Utica,  my  professional  engage- 
ments took  me  out  of  the  city  four  times,  and  each  of  those 
times  to  Albany.  The  first  time  early  in  April,  the  second  in 
the  first  week  of  May,  and  the  third  and  fourth  in  November. 
My  absence  each  time,  however,  was  only  for  a  day  or  two. 

That  my  sons,  especially  those  following  my  profession, 
may  see  in  how  many  ways  my  professional  acquirements  were 
called  into  requisition,  I  will  mention  that  in  March,  "  The 
Fulton  Ferry  Association  "  retained  me  in  some  controversies, 
which  they  anticipated,  and  at  their  request  I  wrote  an  article 
for  the  public  journals,  which  is  No.  24  of  "  Papers  Written 
by  me." 

Some  extracts  from  my  diary,  showing  the  state  and  cur- 
rent of  my  religious  feelings  and  duties,  will  close  my  account 
of  the  year  1839  : 

March  4th,  Monday. — "The  sacrament  of  the  Lord's  supper 
was  administered  in  our  church  yesterday.  Mrs.  Foot  and  I 
attended.  It  was  an  unusually  interesting  season  for  us,  as  we 
expect  to  leave  the  Wall  Street  church  and  unite  with  one  in  our 
neighborhood.  It  sometimes  appears  to  me  as  if  my  soul  was  des- 
titute of  heavenly  grace ;  at  others,  as  if  I  had  felt  the  full  force 
and  benefit  of  the  renewing  influence  of  God's  Spirit.  At  these 


196  AUTOBIOGRAPHY 

times  my  soul  rejoices  in  the  full  assurance  of  reconciliation  with 
God  in  Christ." 

May  llth. — "My  religious  duties  in  my  family  have  been 
regularly  performed  during  the  last  two  months,  and  I  hope  with 
increased  interest.  Although  still  absorbed  by  the  world  and  its 
pursuits,  I  feel  occasional  assurances  that  God  in  His  mercy  is 
ripening  me  for  heaven,  through  the  blood  of  my  Eedeemer." 

June  17th,  Monday. — "The  sacrament  of  the  Lord's  supper 
was  administered  yesterday,  in  which  I  united.  *  *  *  The 
communion  yesterday  was  delightful  and  refreshing  to  my  spirit 
I  do  not  recollect  a  similar  occasion  on  which  my  communion  with 
my  Father  and  Saviour  was  more  full  and  perfect,  and  on  which  I 
enjoyed  more  highly  the  presence  of  my  God.  I  only  regretted  my 
dear  wife  was  not  with  me,  but  I  consented  to  her  going  to  Geneva, 
indeed  promoted  it,  and  ought  not  now  to  regret  it." 

September  4th. — "Thus  my  summer  has  been  happily  and 
prosperously  passed,  so  far  as  all  temporal  interests  are  concerned. 
My  Heavenly  Father  has  been  merciful  and  kind  to  me.  He  has 
kept  me  and  mine  in  life  and  health.  Indeed  there  is  nothing  more 
which  I  could  reasonably  desire ;  and  now  comes  the  solemn  ques- 
tion, what  returns  have  I  made  for  all  these  benefits  ?  The  humili- 
ating answer  is,  none.  My  devotions  have,  it  is  true,  been  reg- 
ular, but  oftentimes  dull  and  lifeless.  This  and  many  other  like  evi- 
dences show  me,  that  my  heart  is  cold  and  is  not  with  my  God.  I 
do  not  love  His  word  as  I  ought.  My  affections  are  not  on  Him 
supremely.  They  are  on  the  world — the  empty,  dying  world.  0 
God,  whither  shall  I  flee?  Nowhere,  nor  to  any  one  except  to 
the  arms  of  my  Eedeemer.  Do,  blessed  Father,  help  me  to  live 
nearer  to  thee — take  me  and  mine  into  thy  holy  keeping,  and  let 
me  not  go  astray — save  me,  for  thy  Son's  sake." 

November  17th,  Sunday  Evening. — "  Our  little  Mary  was  bap- 
tized during  the  afternoon  service.  Dr.  DeWitt  performed  the 
service  in  the  pulpit,  and  Dr.  Knox  at  the  font.  Mrs.  Foot  and  I 
repeated  our  vows  to  bring  up  our  children  in  Christian  principles. 
May  God  add  His  blessing  to  this  dedication  of  our  child  to 
Him." 

December  17th.  My  birthday. — "I  am  afraid  to  say,  and  yet 
I  feel  almost  assured,  that  the  work  of  grace  has  somewhat  pro- 
gressed in  my  heart.  My  religious  duties  are  more  and  more 


AND  COLLATERAL  REMINISCENCES.  197 

le  to  me.  *  *  *  I  pray  my  Heavenly  Father  to  aid  me 
in  my  endeavors  to  be  at  peace  with  Him  in  Christ  My  life  is 
drawing  rapidly  to  a  close,  and  I  hope  to  be  in  readiness  to  depart 
when  my  summons  comes." 


184O. 

The  closing  sentence  of  my  diary  on  the  first  day  of  this 
year  is  as  follows  :  "  I  hope,  with  the  blessing  of  God,  to  live 
a  better  life  this  year  than  I  have  ever  done  before,  and  to 
accomplish  more  for  myself,  my  family,  and  my  fellow-men, 
than  I  have  ever  before  in  one  year."  To  realize  this  hope,  I 
found  it  not  only  useful,  but  essential,  to  go  back  to  the 
writing  of  my  diary  daily.  After  omitting  to  write  it  from 
the  2d  of  March  to  the  22d  of  June,  and  then  recording  from 
recollection  the  occurrences  in  the  meantime,  I  say  : 

"  I  have  neglected  my  diary  too  long,  and  shall  hereafter  write 
it  more  frequently,  as  I  need  the  checks,  which  it  makes  against 
the  approaches  of  negligent  habits."  On  the  30th  of  that  month, 
my  diurnal  entry  closes  thus:  "I  already  derive  a  benefit  from  the 
writing  of  my  diary  daily,  and,  with  God's  blessing,  I  hope  to  con- 
tinue it  with  further  profit  to  my  soul  and  mind.  It  especially 
checks  me  in  regard  to  misspending  time."  In  my  diary  of  the 
next  day  but  one  (July  2d),  I  write :  "  I  perceive  more  clearly, 
every  day,  the  advantages  of  my  diary.  I  do  not  know  how  I  could 
suspend  it  so  long.  "When  left  to  myself,  the  downward  tendencies 
of  poor  humanity  produce  upon  me  their  natural  effects;  but 
with  the  aid  of  the  blessed  Spirit,  I  hope  to  counteract  them  and 
elevate  my  affections  and  thoughts  to  a  standard  approaching,  at 
least,  the  high  destiny  of  an  immortal  soul." 

From  that  time  forward  to  the  present  day  (March  8th, 
1869),  I  have  written  my  diary  daily,  except  when  prevented 
by  some  cause  beyond  my  control,  and  intend  to  do  so  while 
life  lasts. 

My  profession  this  year  occupied  so  large  a  portion  of  my 
time,  and  made  such  heavy  exactions  upon  my  powers  of  body 
and  mind,  that  my  health  gave  way  near  the  close  of  it. 


198  AUTOBIOGRAPHY 

My  social  duties  as  usual  took  a  portion  of  my  time  ; 
general  reading  had  a  small  share  of  it,  and  on  some  eight  or 
ten  different  occasions,  I  was  able  to  devote  a  short  time  to 
reading  Virgil. 

My  exercise,  this  year,  was  less  than  usual,  and  consisted 
mainly  in  walking  to  and  from  my  office  when  the  weather 
would  permit ;  nor  was  I  ahle  to  obtain  my  usual  recreation 
and  relief  from  business  during  the  months  of  July  and 
August.  The  Court  of  Chancery  held  a  session  in  July  at 
Saratoga  Springs,  and  the  Court  for  the  Correction  of  Errors 
in  August  and  September,  at  the  same  place,  both  of  which  I 
was  obliged  to  attend,  and  argue  several  important  causes  at 
each.  To  this  I  attribute  mainly  my  illness  at  the  close  of 
the  year. 

My  professional  engagements  this  year  increased  more  in 
importance  than  in  numbers.  I  was  so  engrossed  by  them, 
that  I  made  but  one  public  address,  and  wrote  but  one  article 
for  the  public  journals  during  the  year. 

My  professional  duties  took  me  frequently  from  the  city, 
and  obliged  me  to  spend  considerable  time  out  of  it. 

On  the  14th  of  February  I  went  to  Albany,  to  take  part 
in  the  argument  before  the  Court  for  the  Correction  of  Errors, 
on  the  constitutionality  of  the  General  Banking  Law.  I  com- 
menced my  argument  on  Saturday  the  22d  of  February,  and 
completed  it  on  the  Monday  following.  It  was  merely  a  con- 
densation of  my  argument  of  the  same  question  before  the 
Supreme  Court — was  well  received  and  favorably  spoken  of  in 
the  public  journals.  I  returned  home  on  the  27th.  On  the 
first  Tuesday  of  April,  I  went  again  to  Albany,  to  hear  the 
decision  of  the  court  on  the  constitutionality  of  the  General 
Banking  Law,  and  to  argue  several  causes  at  a  special  term  of 
the  Supreme  Court,  two  of  which  were  of  considerable  im- 
portance. I  was  detained  there  several  days.  The  Court  for 
the  Correction  of  Errors  having  decided  that  the  General 
Banking  Law  was  constitutional,  I  went  again  to  Albany  on 
the  third  Tuesday  of  April,  to  obtain  the  passage  of  a  second 
resolution  by  the  court  respecting  the  General  Banking  Law 


AND  COLLATERAL  REMINISCENCES.  199 

—was  heard  on  the  subject  before  the  court,  and  succeeded. 
This  detained  me  in  Albany  some  days.   ' 

On  the  20th  of  July,  I  went  to  Saratoga  Springs,  to  attend 
the  Court  of  Chancery,  and  was  detained  there  till  the  25th, 
when  I  returned  to  the  city.  While  there  I  was  constantly 
engaged  in  court.  On  the  14th  of  August,  I  went  again  to 
Saratoga  Springs,  to  attend  the  Court  for  the  Correction  of 
Errors,  having  several  causes  on  the  calendar  for  argument  at 
that  session  of  the  court.  I  argued  one  of  them  and  returned 
to  the  city  on  the  21st.  I  went  again  on  the  1st  of  September 
and  remained  there  till  9th.  While  there  on  this  occasion,  I 
was  occupied  almost  daily  in  the  argument  of  causes.  I  argued 
three.  The  last  one  was  a  very  important  one.  It  involved 
the  validity  of  the  provisions  of  a  will  disposing  of  a  large  real 
and  personal  estate.  Their  validity  depended  on  a  true  con- 
struction of  our  then  late  statutes,  which  constituted  our  then 
new  system  of  law  of  real  property.  My  diary  contains  the 
following  entry  respecting  this  argument : 

"  I  am  thankful  to  my  Heavenly  Father  for  the  possession  of 
health  and  talents  which  enabled  me  to  make  this  argument. 
The  universal  opinion  was,  that  it  was  the  best  argument  which 
had  been  made  in  the  court,  while  any  of  the  present  members  had 
belonged  to  it,  especially  on  the  subject  of  our  new  system  of  law 
of  real  estate  and  trusts.  This  is  great  cause  of  just  thankfulness, 
considering  that  the  most  eminent  counsel  in  this  state  were 
engaged  in  some  of  the  earlier  causes  involving  many  of  the  prin- 
ciples of  that  system.  I  had  many  congratulations  on  the  adjourn- 
ment of  the  court,  and  my  friends  apprised  me  of  the  opinions 
entertained  of  the  argument." 

My  recreation  and  relief  from  business  this  year  was  un- 
usually limited.  Your  mother  and  I  spent  a  day  with  your 
grandmother  at  Springfield  in  April,  another  day  with  her  in 
May,  and  a  Sabbath  with  her  near  the  end  of  June.  Our  lit- 
tle daughter,  Mary,  becoming  ill  in  the  city,  we  were  advised 
to  take  her  to  the  sea-shore.  On  the  16th  of  July  I  took  your 
mother  and  the  children  to  Eockaway,  and  returned  to  the 


200  AUTOBIOGRAPHY 

city  the  next  morning.  Your  mother  and  the  children  remained 
there  till  the  10th  of  August  and  then  came  back  to  town. 
While  your  mother  and  the  children  were  at  Bockaway,  I 
was  able  only  to  pass  two  Sabbaths  with  them  in  July,  and  in 
August,  make  them  a  couple  of  visits  of  three  days  each.  On 
the  24th  of  August,  your  mother  and  the  children  went  over 
to  Springfield  to  pass  a  few  weeks  with  your  grandmother. 
They  remained  with  her  till  the  14th  of  September,  when  they 
returned  to  town.  While  they  were  at  Springfield,  I  passed  a 
couple  of  Sabbaths  with  them,  and  made  them  two  visits,  one 
of  one  day,  and  the  other  of  two  days.  These  closed  my  re- 
creation for  the  year. 

Alfred  was  born  on  the  25th  of  October.  Your  mother 
was  carried  safely  through  "  the  peril  of  child-birth."  On 
the  29th  of  that  month,  I  wrote  an  article  of  considerable 
length  for  the  public  journals,  which  was  published  but  has 
not  been  preserved.  It  related  to  a  temporary  matter.  On 
the  20th  of  November,  I  delivered  an  address,  or  rather  an 
argument,  in  favor  of  a  Bankrupt  Act,  before  an  association  of 
gentlemen  who  favored  such  a  measure,  and  had  called  a  pub- 
lic meeting  to  deliberate  on  the  subject.  It  was  reported  and 
published,  and  is  No.  25  of  "  Papers  Written  by  me." 

I  was  taken  ill  on  the  18th  of  December,  but  not  confined 
to  my  house  till  the  20th  ;  but  from  that  day  onward,  for 
several  weeks,  was  so  confined.  A  fuller  account  of  this  sick- 
ness will  be  given  in  the  next  year. 

Some  extracts  from  my  diary  will  show  the  manner  in 
which  my  religious  duties  were  performed  this  year,  and  my 
spiritual  condition  : 

March  2d. — "  I  can  see  no  improvement  in  my  mode  of  life, 
unless  it  may  be  in  the  increased  happiness  which  I  derive  from 
performing  my  devotional  duties.  My  attendance  at  church  is 
uniform  and  more  and  more  agreeable  to  me.  I  hope  the  work  of 
grace  is  progressing  in  my  heart,  and  that  as  I  approach  the  grave, 
my  soul  is  becoming  fit  for  the  presence  of  my  God.  Unless  self- 
deceived,  my  interest  in  my  Eedeemer  increases,  and  he  grows 
more  precious  to  my  soul.  My  connection  with  the  Eeformed 


AND  COLLATERAL  REMINISCENCES.  201 

Dutch  Church  continues  to  be  agreeable,  and  becomes  more  so,  as 
my  acquaintance  with  the  congregation  and  pastors  extends  and 
improves.  The  church  appears  to  be  united  and  happy." 

July  6th,  Monday.—"  My  established  hours  and  habits,  and 
which  I  intend  to  pursue,  are  as  follows :  When  I  first  enter  my 
library  in  the  morning,  I  engage  in  private  prayer,  then  read  a 
chapter  in  Scott's  Bible,  with  the  notes  and  practical  observations  (I 
have  now  reached  the  67th  psalm,  which  I  read  this  morning,  and 
intend  to  go  through  the  Bible  in  course,  having  in  that  manner 
read  to  the  psalm  in  question),  after  that  write  my  diary  of  the 
day  previous,  then  read  the  morning  paper ;  walk,  if  time  and 
weather  permit,  till  10  or  15  minutes  before  8  o'clock,  when  Mrs. 
Foot  and  the  children  come  into  the  library  and  we  engage  in 
family  prayers;  these  devotions  are  usually  brief,  so  as  not  to 
weary  the  children  and  give  them  a  distaste  for  them — scarcely 
exceeding  ten  minutes.  We  breakfast  at  8  o'clock.  We  have 
family  prayers  generally  in  my  library,  though  sometimes  in  the 
parlor  at  10  o'clock  P.M.  I  usually  read  a  chapter  and  then  pray. 
At  this  hour  the  children  are  not  present,  as  they  are  sent  early 
to  bed." 

July  9th,  Thursday. — "  Dressed  and  in  my  library  this  morn- 
ing at  6}  o'clock-— usual  private  devotions  and  reading,  but  was 
more  deeply  interested  than  usual — had  a  closer  and  sweeter  con- 
verse with  God,  and  spent  a  delightful  hour." 

July  13th,  Monday. — "  My  manner  of  spending  yesterday  was 
very  far  from  what  it  ought  to  have  been,  and  when  I  came  at 
evening  to  review  the  duties  of  the  day,  and  noticed  my  deficien- 
cies and  departures  from  a  just  observance  of  it,  I  could  not  but 
feel  deeply  humbled  and  sincerely  penitent.  I  read  but  little  dur- 
ing the  day.  Only  one  chapter  with  notes  and  observations  in  the 
morning,  and  one  chapter  at  evening  devotions.  Besides  this,  I 
read  a  few  articles  in  the  Observer  after  breakfast  and  before 
church.  Mrs.  Foot  and  I  attended  church  forenoon  and  after- 
noon. Our  two  little  boys  were  with  us.  My  attention  in  church 
was  only  tolerable,  though  better  than  it  has  sometimes  been.  The 
services  were  excellent.  Many  of  my  thoughts  and  reflections  at 
home  were  holy  and  heavenward,  and  considerable  of  the  conver- 
sation, which  Mrs.  Foot  and  I  had,  was  appropriate  to  the  day  and 
edifying.  A  good  deal  of  my  time,  however,  was  whiled  away  with 


202  AUTOBIOGRAPHY 

the  children.  On  coming  out  of  church  in  the  afternoon,  I  made 
some  light  remarks  to  a  friend,  inconsistent  with  the  solemnity 
which  ought  to  have,  and,  indeed,  did  characterize  my  feelings 
after  hearing  the  sermon  of  Dr.  DeWitt  This  occurrence,  on  re- 
flection, gave  me  unhappiness,  and  added  to  my  regrets  respecting 
the  mode  of  passing  the  day.  All  this  only  shows  me,  how  sinful 
I  am,  and  how  far  my  soul  is  from  God,  and  convinces  me,  if  left 
to  myself,  I  should  soon  be  an  outcast  from  His  presence.  0  God, 
have  mercy  on  me !  Do  not  leave  me  to  become  my  own  keeper, 
but  take  me  into  thy  holy  keeping.  I  ask  it  for  Christ's  sake." 

October  25th.  The  day  of  the  birth  of  Alfred.— "God  has 
given  us  another  perfectly-formed  and  healthy  boy,  whom  we  shall 
name  Alfred.  Mrs.  Foot  appears  to  be  doing  well.  For  these  evi- 
dences of  the  goodness  of  my  God,  I  return  my  sincere  and  hearty 
thanks.  This  is  the  fifth  healthy  and  well-formed  child  that  has 
been  given  us.  No  death  in  our  family  has  interrupted  the  hap- 
piness of  Mrs.  Foot  and  myself  since  our  marriage,  nor  have  we 
had  much  sickness.  Our  kind  Parent  in  heaven  has  dealt  mer- 
cifully with  us.  And  now,  0  God,  I  commit  this  little  immortal  to 
thy  holy  keeping,  and  pray  thee  to  receive  him  as  thine  old  child 
in  Christ." 

December  17th,  Thursday. — "  This  is  an  interesting  day  to  me. 
It  is  not  only  my  birthday  but  Thanksgiving  day.  Both  events 
lead  to  a  careful  and  considerate  review  of  the  past  year.  The 
first  and  most  impressive  thought,  is  the  goodness  of  my  God  in 
having  preserved  me  from  my  infancy  to  this  time,  and  fed, 
clothed,  and  protected  me  and  mine  during  the  past  year.  This 
day  I  am  fifty  years  of  age,  and  have  lived  half  a  century.  How 
short  the  tune  appears,  and  how  little  have  I  accomplished  for  the 
good  of  my  fellow-men  and  the  glory  of  my  God !  Twenty-seven 
years,  within  a  few  days,  have  been  spent  in  my  profession.  I  have 
done  a  vast  amount  of  business,  and  in  this  respect  my  life  has 
not  been  altogether  barren,  though  I  ought  to  have  at  this  time  a 
more  commanding  professional  reputation.  My  views  have  not 
been  as  expansive  and  elevating  as  they  ought  to  have  been.  I  have 
been  too  readily  contented  with  accomplishing  successfully  and 
satisfactorily  the  business  in  hand.  If  my  life  is  spared  another 
ten  years,  I  hope  to  feel  and  exhibit  a  more  enlarged  view  of  my 
profession.  The  last  year  has  yielded  me  a  rich  harvest  of  profes- 


AND  COLLATERAL  REMINISCENCES.  203 

sioual  success.  My  business  has  been  of  a  high  character  and  pro- 
duced an  abundant  reward.  God  has  especially  blessed  me  in  my 
family  the  last  year.  He  has  given  us  another  child,  perfect  in 
form  and  endowed  with  ordinary  faculties.  My  family  has  en- 
joyed almost  uninterrupted  health.  We  have  had  a  happy  and 
prosperous  year.  Mrs.  Foot  and  I  are  very  happy  in  our  con- 
nection, and  it  is  to  be  hoped  that  we  live  in  reverential  fear  of 
God,  and  in  accordance  with  His  ordinances.  She  is  certainly 
very  dutiful  and  affectionate  to  me,  and  a  most  vigilant  and  faith- 
ful mother.  It  is  with  deep  and  heartfelt  gratitude  to  the  Giver 
of  every  good  and  perfect  gift,  that  I  return  Him  thanks  for  a 
virtuous  and  affectionate  companion.  Our  children  all  continue 
promising.  May  God  continue  to  bless  and  prosper  us,  and  may 
we  reward  His  love  by  more  holy  and  lovely  lives." 


1841. 
i 

The  beginning  of  this  year  found  me  prostrated  by  sick- 
ness and  confined  to  my  house.  The  entries  in  my  diary  will 
give  the  best  account  of  the  condition  of  my  mind  and  body : 

Wednesday,  January  6th.— "My  Heavenly  Father  has  seen 
best  to  afflict  me  with  a  severe  illness.  I  have  been  confined  to 
my  house  since  the  20th  of  December  last,  and  am  still  so  con- 
fined. I  have  been  greatly  reduced  by  my  disease  and  the  reme- 
dies applied,  though  I  am  now  gradually  gaining  my  strength. 
The  seat  of  my  disease  is  my  liver.  It  does  not  yet  appear  to  be 
in  full  performance  of  its  functions,  and  I  fear  a  tedious  confine- 
ment to  my  house  yet  awaits  me.  But  God's  will  be  done.  "  Whom 
He  loveth  He  chasteneth."  He  sends  sickness  or  health  as  the 
good  of  his  children  require.  *  *  *  I  have  been  able  to  read 
considerable  for  the  last  two  or  three  days,  and  yesterday  held  two 
consultations  with  clients  on  business.  This  is  the  first  illness 
which  has  ever  overtaken  me.  God  has  spared  me  till  this  time, 
and  given  me  the  enjoyment  of  uninterrupted  health.  For  this  my 
thanks  should  be  unbounded.  I  needed  the  admonition  of  this 
sickness  to  arrest  and  modify  my  ambition  and  worldly-mindedness. 
Mav  it  be  sanctified  to  me  and  my  companion,  and  teach  us  to  be 


204  AUTOBIOGRAPHY 

ready  for  all  God's  providences,  whatever  they  may  be  and  when- 
ever they  may  come.  Should  my  Heavenly  Father  permit  me 
to  enjoy  a  full  restoration  to  health,  I  shall  be  able  more  fully 
to  appreciate  the  blessing,  and  shall  take  more  care  to  preserve 
it" 

Thursday,  January  14th. — "  I  am  still  confined  to  my  house, 
though  my  health  is  considerably  improved.  I  have  ridden  out 
twice,  and  been  once  down  to  my  office  and  spent  an  hour  and  a 
half  there.  Still  my  strength  is  far  from  being  restored,  and  the 
functions  of  my  body  are  still  imperfectly  performed.  My  God  has 
the  issues  of  life  and  death  in  His  hands,  and  to  His  decrees  I  trust 
I  am  ready  to  yield  a  willing  obedience.  He  has  kept  me  from  my 
youth  upwards,  delivered  me  from  many  temptations,  and  saved 
me  in  the  midst  of  many  perils.  Why  should  I  not  now  trust  in 
Him,  and  wait  His  own  good  tune  in  restoring  me  to  health  ?  0 
God,  thou  art  my  Creator,  Preserver,  and  bountiful  Benefactor. 
Thou  art  too  my  Redeemer  and  Saviour.  The  blessed  Jesus,  one 
of  the  Godhead,  died  for  me  and  is  now  my  intercessor  at  the  right 
hand  of  the  Father  on  the  throne  of  glory.  How  many  reasons  I 
have  to  put  my  trust  in  my  Heavenly  Father,  and  say,  Not  my 
will,  but  thine  be  done." 

"  Since  last  writing  my  diary,  I  have  occupied  my  time  in  read- 
ing, writing  letters  to  friends,  and  attending  to  such  professional 
business  as  could  be  accomplished  at  my  house.  We  resumed  our 
family  devotions  at  10  P.M.  several  evenings  since.  Mrs.  Foot  has 
read  a  chapter  every  evening,  and  I  have  been  able  to  make  a 
prayer.  Mrs.  Foot  attends  to  the  children's  devotions  morning  and 
evening.  I  hope  soon  to  resume  all  our  usual  devotions,  and  trust 
my  illness  will  give  them  a  more  marked  character  of  earnest- 


Finding  that  business  was  pressed  upon  me,  and  that  my 
health  improved  slowly,  I  left  the  city  on  the  19th  of  January 
accompanied  by  my  nephew,  Thomas  A.  Davies,  and  went  to 
Hartford, Connecticut,  to  pass  a  few  days  with  my  nephew,  Prof. 
Charles  Davies,  and  his  family.  My  health  improved  there 
far  more  rapidly  than  in  the  city.  My  time  was  passed  agree- 
ably. I  rode  and  walked,  and  when  in  the  house,  read,  played 
chess  with  the  Professor,  and  conversed  with  him,  Mrs.  Davies, 


AND  COLLATERAL  REMINISCENCES.  205 

and  friends  who  called.  On  the  23d  of  January,  the  Professor 
and  I  went  over  to  Watertown  to  visit  my  brother  and  sister 
Scovill,  on  the  old  farm  where  I  was  born.  We  staid  there 
several  days.  My  health  improved  rapidly  while  there  and 
breathing  my  native  air;  so  that  on  our  return  to  Hartford,  on 
the  27th,  I  felt  quite  well.  The  next  day  I  returned  to  the 
city  and  resumed  my  usual  duties.  I  found,  however,  after  a 
while,  that  my  health  was  not  as  firm  as  before  my  sickness. 
Daily  attention  to  my  diet  and  exercise  became  necessary.  I 
walked  every  morning  before  breakfast,  unless  prevented  by 
severe  weather.  Finding  that  did  not  give  me  sufficient  exer- 
cise, I  rode  on  horseback  from  three  to  five  miles  every  morn- 
ing the  weather  would  allow,  until  I  went  West  in  July  fol- 
lowing. I  had  occasional  turns  of  illness  in  May  and  June, 
and  again  after  my  return  from  the  West,  in  September,  Octo- 
ber, November,  and  December.  On  the  13th  of  November,  I 
say  in  my  diary  :  "  My  health  has  not  been  perfect  for  some 
time  past,  and  I  have  taken  to  an  entirely  vegetable  diet, 
which  has  greatly  improved  it."  These  sicknesses  were  not  so 
severe  as  to  prevent  me  entirely  from  attending  to  my  profes- 
sional duties,  but  constantly  warned  me  of  the  uncertain 
tenure  of  my  health.  On  the  17th  of  December,  my  birthday, 
I  wrote : 

"  My  own  health,  though  imperfect  during  a  considerable  part 
of  the  year,  seems  now  to  be  quite  restored,  which  I  attribute  to  a 
blessing  on  a  more  self-denying  course  of  diet  than  I  have  hitherto 
pursued." 

This  year  was  almost  wholly  given  to  professional  and 
social  duties  and  miscellaneous  reading.  My  professional 
engagements  were  in  general  of  a  high  order,  and  called  into 
intense  action  all  my  powers.  This  produced  a  heavy  strain 
on  my  health,  and  was  generally  the  principal  cause  of  my 
ill  turns. 

The  instruction  and  training  of  my  children  began  this 
year  to  require  a  larger  portion  of  my  time,  while  your  mother 
never  ceased  to  give  her  whole  head  and  heart  to  the  care  of 


206  AUTOBIOGRAPHY 

your  health,  and  to  your  intellectual,  moral,  and  religious  in- 
struction and  training,  she  yet  needed  and  received  assistance 
from  me.  We  always  acted  in  entire  harmony  in  everything 
that  concerned  your  temporal'  and  spiritual  welfare. 

I  had  but  little  time  this  year  for  public  duties.  The  pas- 
sage of  a  Bankrupt  Act  by  Congress  attracted  a  large  share  of 
public  attention.  I  favored  it,  as  already  mentioned  in  my 
account  of  last  year,  and  in  March  wrote  a  full  article  upon  the 
subject  for  a  periodical  published  in  New  York  called  Arc- 
turus.  The  article  is  No.  26  of  "  Papers  Written  by  me."  It 
was  noticed  and  commended  in  several  public  journals. 

My  professional  engagements  took  me  to  places  outside  of 
the  city  several  times  during  the  year.  I  attended  the 
Supreme  Court  at  Utica  from  the  15th  to  the  21st  of  July, 
and  the  Court  for  the  Correction  of  Errors  at  Buffalo  from 
the  6th  to  the  llth  of  August.  I  argued  several  causes  at 
Utica,  and  one  important  one  at  Buffalo.  I  attended  a  Cir- 
cuit Court  at  Ithaca,  on  the  31st  of  August  and  1st  of  Sep- 
tember, and  commenced  the  trial  of  a  very  interesting  cause 
for  my  nephew,  Thomas  A.  Davies.  The  trial  was  suspended 
in  consequence  of  informality  in  taking  the  testimony  of  some 
foreign  witnesses.  In  the  second  week  of  October,  I  spent  a 
couple  of  days  at  Albany  in  professional  business. 

My  recreation  and  relief  from  business  after  my  return  from 
Hartford,  Connecticut,  consisted  in  visits  to  Springfield  and 
Geneva. 

While  your  mother  with  some  of  the  children  was  passing 
a  week  with  your  grandmother  at  Springfield  the  latter  part  of 
May,  I  went  over  and  spent  a  couple  of  clays  there.  On  the 
8th  of  July  your  mother  and  I  with  all  the  children  left  the 
city  for  Geneva,  to  pass  a  couple  of  months  with  our  brother 
and  sister,  Clark.  We  remained  there  till  the  6th  of  Sep- 
tember, when  we  returned  to  town.  My  own  stay  there  was 
interrupted  by  the  professional  engagements,  which  took  me 
to  Utica,  Buffalo,  and  Ithaca  as  already  mentioned.  While  at 
Geneva,  my  time  was  passed  in  reading,  paying  and  receiving 
visits,  riding,  walking,  fishing,  and  sailing  on  the  lake.  My 


AND  COLLATERAL  REMINISCENCES.  207 

health  was  greatly  improved  by  this  recreation  and  relief  from 
business,  and  when  I  returned  to  the  city,  seemed  to  be  fully 
restored  ;  but  I  soon  learned  the  contrary. 

Your  mother  took  Euphemia  and  Alfred  and  went  over  to 
Springfield  on  the  22d  of  September,  to  pay  your  grandmother 
a  short  visit.  A  few  days  after,  I  took  John  and  Samuel, 
went  over  and  passed  a  couple  of  days.  We  then  all  returned 
to  the  city.  This  completed  my  year's  recreation. 

Some  extracts  from  my  diary  will  show  the  state  of  my  . 
religious  feelings  after  my  restoration  to  health,  the  manner 
of  discharging  my  Christian  duties,  and  my  efforts  to  lead  a 
holier  life. 

March  20th,  Saturday.  The  day  following  the  evening  in 
which  our  little  boy,  Alfred,  was  baptized. — "  It  is  a  great  privilege 
to  be  allowed  to  dedicate  our  little  ones  to  the  Lord,  who  gave 
them  to  us — to  place  them  as  it  were  under  His  special  protection, 
and  within  the  pale  of  His  church  on  earth.  0  God,  accept  my 
sincere  and  hearty  thanks  for  the  enjoyment  of  this  precious 
privilege — receive  this  little  one  as  thine  own  in  Jesus — take  him 
to  thyself,  and  so  order  that  he  may  be  raised  in  thy  fear  and  ad- 
monition. I  ask  it  for  my  Saviour's  sake." 

Monday,  March  22d.— « The  sacrament  of  the  Lord's  supper 
was  administered  yesterday  forenoon,  of  which  Mrs.  Foot  and  I 
partook.  It  was  most  acceptable  to  my  feelings,  yet  led  me  to  a 
severe  scrutiny  of  myself,  from  which  my  sinfulness  was  more 
manifest  and  heinous  than  ever  before." 

April  3d,  Saturday. — "I  have  not  mentioned  for  some  time  our 
daily  devotional  exercises,  and  now  refer  to  them  only  to  say,  that 
they  are  continued  with  increased  regularity,  and  I  hope  with 
increased  pleasure." 

Tuesday,  April  6th.  After  stating  that  the  day  and  evening 
had  been  devoted  to  business.—"  This  devotion  to  business  would 
quite  absorb  me,  but  for  the  kind  and  ever-wakeful  care  of  my 
Heavenly  Father,  who  has  led  me  to  consider  my  latter  end,  in 
whose  worship  I  take  unalloyed  pleasure,  and  the  influence  of  which 
restrains  me  from  an  entire  surrender  of  myself  to  the  things  of 
the  world." 

Wednesday,  April  7th.— "Bead  a  full  chapter  yesterday  morn- 


208  AUTOBIOGRAPHY 

ing,  and  felt  its  influence  during  the  day.  There  is  no  preparation 
for  the  duties  of  the  day  so  eifective  and  delightful,  as  communion 
with  my  Heavenly  Father  by  prayer  and  reading  His  Word.  His 
"Word  is  His  will  for  my  guide  and  instruction." 

Saturday,  May  1st. — "  Yesterday  was  the  close  of  my  fiscal  year. 
My  income  from  my  profession  was  larger  last  year  than  ever 
before.  For  this,  I  trust,  I  am  truly  grateful  to  the  Giver  of  every 
good  and  perfect  gift." 

Thursday,  July  1st. — "  Eead  yesterday  morning  and  completed 
the  third  volume  of  Scott's  Bible.  I  begin  this  morning  the  Pro- 
phecies, which  are  contained  in  the  fourth  volume.  Thanks  be  to 
thee,  Heavenly  Father,  for  inclining  my  heart  to  the  reading  of 
thy  Word.  May  my  soul  grow  in  heavenly  graces,  until  it  is  fit 
for  thy  presence." 

Sunday,  July  4th.—"  This  is  the  anniversary  of  onr  national 
independence,  and  again  I  have  to  thank  my  Heavenly  Father  for 
continuing  to  me  through  another  year  the  enjoyment  of  civil 
and  religious  liberty,  and  the  protection  of  my  rights  of  person  and 
property.  Blessed  Father,  thou  dost  deal  mercifully  in  all  things. 
May  I  rejoice  in  thy  love  and  care,  glory  in  thy  name,  and  submit 
myself  to  thy  will." 

Monday,  July  5th. — "  Attended  church  yesterday  forenoon  and 
afternoon.  Heard  Dr.  DeWitt  in  the  forenoon,  and  Dr.  Knox  in 
the  afternoon.  Dr.  DeWitt  preached  a  sermon  appropriate  to  the 
day.  The  thoughts  of  the  world  crowded  in  upon  me  during  the 
services  in  church,  and  deeply  humbled  me.  The  things  of  this 
world,  especially  my  property  and  the  increase  of  it,  distract  and 
occupy  my  thoughts  too  much,  so  much  indeed,  as  frequently  to 
give  me  great  unhappiness.  This  is  wholly  inexcusable,  very  sin- 
ful, and  shows  the  unholy  state  of  my  heart.  Gracious  God,  give 
me  the  aid  of  thy  Spirit  to  subdue  this  worldly-mindedness,  and 
bring  my  heart  under  the  purifying  influence  of  holy  love.  Help 
me  to  judge  rightly  in  respect  to  the  amounts  and  objects  upon 
which  I  should  bestow  that  portion  of  the  property  thou  hast  given 
me,  in  promoting  the  good  of  my  fellow-men  and  thy  glory  on 
the  earth." 

MEMORANDUM. 

Very  often,  indeed  almost  every  Sunday  during  the  years 
your  mother  and  I  were  members  of  the  Collegiate  church,  do 


AND  COLLATERAL  REMINISCENCES.  209 

I  mention  in  my  diary  the  faithful,  excellent,  instructive,  and 
impressive  sermons  delivered  by  the  pastors,  Drs.  Knox,  De- 
Witt,  Vermilye,  and  Brownlee — the  great  benefit  we  derived 
from  attending  on  their  ministry,  and  the  happy  state  of  our 
ecclesiastical  and  ministerial  relations.  I  feel  a  deep  debt  of 
gratitude  to  them  for  their  fidelity  to  me  and  mine. 

Sunday,  August  15th.  A  few  days  after  my  return  to  Geneva 
from  Buffalo. — "  I  have  not  read  my  Bible  as  regularly  as  usual. 
This  shows  me  how  far  I  am  from  God,  and  how  necessary  is  con- 
stant watchfulness  to  keep  myself  in  the  course  of  my  usual  daily 
duties." 

Monday,  September  13th. — "Spent  yesterday  better  than  my 
Sabbaths  are  usually  spent.  Attended  church  forenoon  and  after- 
noon. The  services  were  delightful  to  me,  after  so  long  an  absence 
from  my  usual  place  of  worship.  I  also  read  more  than  usual  dur- 
ing the  day,  and  was  less  disturbed  with  worldly  thoughts  than 
ordinarily." 

Monday,  November  15th. — "  Yesterday  was  a  delightful  day  to 
me,  and  I  think  I  can  say  better  spent  than  any  Sabbath  within 
my  recollection,  though  many  worldly  and  visionary  thoughts 
crowded  into  my  mind  during  the  day,  and  even  in  church ;  the 
current  of  my  thoughts  and  feelings,  however,  was  heavenly. 
*  *  *  Went  to  Sunday-school  with  the  boys  and  opened  it 
with  prayer." 

Monday,  December  6th. — "  My  Sabbath  yesterday  was  far  from 
being  well  spent.  The  thoughts  of  the  world  continually  beset 
me,  and  prevented  me  from  discharging  the  duties  of  the  day  as  I 
ought.  0  God,  forgive  me  for  this  abuse  of  thy  holy  day,  for  my 
Saviour's  sake,  and  give  me  the  aid  of  thy  Spirit  to  live  a  more 
holy  life." 

December  9th,  Thursday.—"  This  day  has  been  set  apart  by 
the  Governor  of  this  state  as  a  day  of  thanksgiving  and  prayer  for 
past  mercies.  It  reminds  me  of  the  passing  of  another  year,  and 
of  the  goodness  of  my  Heavenly  Father.  He  has  bountifully  pro- 
vided for  all  my  wants,  and  truly  crowned  my  life  with  His  loving- 
kindness.  Yet  how  far  has  my  life  been  from  that  holiness  of 
spirit  which  is  due  to  Him." 

Monday,  December  20th.— "I  attended  church  forenoon  and 


210  AUTOBIOGRAPHY 

afternoon.  We  celebrated  the  Lord's  supper  in  the  morning.  It 
was  a  refreshing  season  to  my  soul.  My  thoughts  were  with  my 
God  and  Saviour.  Oh,  how  delightful  thus  to  commune  with 
Him,  and  dedicate  myself  anew  to  His  service  and  a  holy  life ! 
Heavenly  Father,  let  me  have  the  aid  of  thy  Spirit  to  live  in  com- 
munion with  thee." 

I  have  never  entered  in  my  diary  my  contributions  to  religious 
and  charitable  objects,  acting  in  the  spirit  of  the  direction  of  the 
Saviour,  "  Let  not  thy  left  hand  know  what  thy  right  hand  doeth;" 
but  have  always  given  to  those  objects  what  I  deemed  it  my  duty 
to  give. 


1842. 

This  year  is  commenced  by  a  remark  in  my  diary,  that  "  In 
the  review  of  the  past  year  or  two,  I  do  not  see  that  I  can 
make  any  arrangement  for  the  use  of  my  time  and  discharge 
of  my  duties,  better  than  that  which  I  have  pursued." 

My  time  this  year,  as  last,  was  almost  wholly  occupied  in 
professional  and  social  duties.  I  found  time,  however,  to  read 
a  good  deal,  and  give  considerable  attention  to  my  children,  es- 
pecially to  the  education  of  my  two  boys,  John  and  Samuel  C. 

There  were  this  year  three  professional  incidents,  which 
drew  public  attention  favorably  towards  me. 

The  first  was  a  trial  at  the  Tompkins  County  Circuit,  held 
at  Ithaca,  early  in  March.  It  lasted  ten  days,  involved  a  large 
sum  of  money,  and  developed  a  romantic  and  gigantic  fraud, 
contrived  and  carried  into  execution  by  a  man  of  great  wealth 
living  in  that  county,  by  means  of  which  he  fraudulently 
obtained  from  merchants  in  the  city  of  New  York  a  large 
amount  of  goods,  employing  for  that  purpose  unscrupulous 
agents,  and  furnishing  them  with  funds  to  accomplish  the 
object,  while  he  kept  himself  out  of  view,  and  apparently  had 
no  connection  with  the  fraud.  My  nephew,  Thomas  A. 
Davies,  was  one  of  the  largest  victims  of  this  fraud,  and  was 
the  party  interested  in  exposing  it.  We  were  successful.  I 
.say  in  my  diary  :  "  The  argument  which  I  made  to  the  jury 


AND  COLLATERAL  REMINISCENCES.  211 

was  probably  as  happy  a  professional  effort  as  I  ever  made." 
The  trial  attracted  a  large  share  of  public  attention  in  that 
part  of  the  state,  and  is  even  still  (1869)  remembered  and 
often  spoken  of. 

The  second  incident  was  an  argument  before  the  Supreme 
Court,  and  a  few  weeks  after,  before  the  Court  for  the  Cor- 
rection of  Errors,  involving  the  right  to  control  the  city  gov- 
ernment for  that  year.  The  Whigs  claimed  to  have  elected  a 
majority  of  the  Common  Council.  This  was  denied  by  the 
Democrats.  The  question  was  first  argued  before  the  Supreme 
Court.  I  closed  the  argument  in  that  court  on  the  side  of  the 
Whigs,  on  Saturday  evening,  the  28th  of  May.  The  court 
decided  in  our  favor  on  the  following  Monday.  My  argument 
was  published  in  several  of  the  city  papers.  A  copy  from  the 
Courier  and  Inquirer  of  the  13th  of  June,  and  a  remark  of  the 
editor,  is  No.  27  of  "  Papers  Written  by  me."  The  question 
was  again  argued  before  the  Court  for  the  Correction  of  Errors, 
near  the  close  of  June.  I  delivered  my  argument  in  part  on 
the  29th  of  that  month,  but  being  unwell,  asked  the  court  to 
adjourn  and  allow  me  to  finish  it  the  next  day,  which  they  did. 
It  was  one  of  my  best  efforts.  In  my  diary  is  this  entry  : 

"  I  am  happy  to  find  that  it  (my  argument)  was  well  received, 
and  by  many  it  is  said  to  be  equal  to  any  argument  ever  delivered 
in  that  court." 

The  third  and  last  incident  was  on  this  wise  :  An  earnest 
controversy  arose  between  Colonel  William  L.  Stone,  the 
editor  of  the  Commercial  Advertiser,  and  J.  Fennimore 
Cooper,  the  author  of  the  Naval  History  of  the  United  States, 
respecting  a  criticism  published  in  the  Advertiser  on  the  nar- 
rative of  the  battle  of  Lake  Erie  contained  in  that  history.  A 
suit  at  law  was  pending  between  the  parties,  and  they  agreed 
to  submit  the  questions  arising  in  the  suit,  and  other  special 
questions  relating  to  the  narrative  and  criticism,  to  arbitra- 
tion. Mr.  Cooper  selected  Samuel  Stevens,  an  eminent  lawyer 
of  Albany,  Colonel  Stone,  Daniel  Lord,  jr.,  an  eminent  lawyer 
of  New  York,  and  the  parties  mutually  agreed  upon  me  as 


212  AUTOBIOGRAPHY 

the  third  arbitrator.  The  hearing  before  the  arbitrators  took 
place  in  May,  and  occupied  several  clays.  Eminent  counsel 
were  employed  on  both  sides.  I  presided.  We  sat  in  the 
United  States  court-room.  The  trial  attracted  a  large  share 
of  public  attention,  and  drew  daily  a  large  audience  of  ladies 
and  gentlemen.  Mr.  Cooper  made  the  closing  argument  on 
his  own  side.  He  was  brilliant  and  able. 

We  made  our  award  on  the  16th  of  June.  I  differed  with 
my  co-arbitrators  on  several  questions  submitted  to  our  decis- 
ion. My  dissenting  opinion  was  published  with  the  award. 
It  is  No.  28  of  "  Papers  Written  by  me."  It  carried  the  pub- 
lic judgment  with  it.  Mr.  Cooper  some  months  afterwards 
wrote  and  published  a  pamphlet  to  neutralize  its  effect,  but  I 
believe  that  the  public  mind  settled  down  on  the  opinion,  that 
the  narrative  of  the  battle  was  unfair  in  the  particulars  de- 
cided by  me  to  be  so. 

I  made  a  couple  of  public  addresses  this  year  before  full 
audiences. 

One  was  a  short  address  for  the  Institution  of  the  Blind, 
delivered  on  the  24th  of  August  in  the  Reformed  Church  of 
Geneva.  About  a  dozen  of  the  pupils  of  the  Institution  were 
traveling  through  the  country  to  exhibit  their  proficiency  in 
knowledge,  and  commend  the  Institution  to  public  favor. 
They  stopped  at  Geneva.  A  large  audience  assembled  to 
witness  their  exhibition.  My  address  was  made  on  this  occa- 
sion. I  say  in  my  diary,  "  I  understood  my  address  was  well 
received." 

The  other  public  address  which  I  made  this  year,  was  be- 
fore a  meeting  held  at  Newark,  N.  J.,  on  the  evening  of  the 
24th  of  November,  to  promote  the  circulation  of  the  Bible.  I 
have  preserved  only  outlines  of  these  addresses.  Neither  of  them 
was  written  out  or  published  in  full.  They  were  only  briefly, 
though  creditably,  noticed  in  the  published  accounts  of  the 
meetings. 

My  profession  took  me  frequently  from  the  city  this  year. 
I  spent  three  weeks  at  Ithaca  in  the  latter  part  of  February 
and  early  part  of  March,  waiting  for  an  opportunity  to  try, 


AND  COLLATERAL  REMINISCENCES.  213 

and  trying  the  cause  already  mentioned,  and  three  days  in 
April  at  Albany,  trying  a  cause  in  the  Circuit  Court  then  in 
session  there. 

While  at  Geneva,  in  August,  I  went  twice  over  to  Ithaca, 
and  on  one  of  these  occasions,  spent  several  days  there  prepar- 
ing papers  to  meet  a  motion  for  a  new  trial  in  my  nephew's 
case.  Near  the  end  of  September,  I  spent  a  couple  of  days  at 
Utica  to  aid  my  client  and  friend,  David  C.  Judson,  of  Ogdens- 
burgh,  in  a  case  he  had  there  for  trial. 

In  the  forepart  of  October,  I  went  to  Albany  and  was 
occupied  there  in  the  Court  of  Chancery  nine  days,  arguing 
and  resisting  a  motion  for  a  new  trial  in  my  nephew's  case,  and 
in  which  we  were  successful ;  and  again  early  in  December,  I 
spent  a  week  at  Albany  attending  the  Court  of  Chancery  and 
the  Court  for  the  Correction  of  Errors. 

My  exercise  this  year,  in  the  city,  consisted  only  in  walking 
as  opportunity  offered,  and  an  occasional  ride  on  the  Island 
with  your  mother  and  some  of  the  children.  My  recreation 
and  relief  from  business,  however,  were  considerable,  and 
greatly  improved  my  health.  I  passed  three  days  at  Spring- 
field in  the  latter  part  of  April.  My  two  boys  were  with  me. 
We  spent  the  whole  three  days  in  recreation.  Your  mother 
went  over  to  Springfield  on  the  last  day  of  June,  and  took 
several  of  the  children  with  her.  She  staid  till  the  28th  of 
July.  I  went  over  with  them  and  remained  several  days,  be- 
ing ill  from  over-work  in  my  profession.  While  your  mother 
was  at  Springfield,  I  went  over  every  few  days  and  sometimes 
staid  several  days — nearly  half  my  time  was  passed  there,  fish- 
ing, walking,  riding,  visiting,  and  light  reading. 

On  the  28th  of  July,  your  mother  and  I,  with  the  children, 
who  were  with  us,  came  to  the  city  and  proceeded  to  Geneva, 
where  some  of  our  children  already  were,  they  having  gone  to 
Geneva  with  their  Uncle  and  Aunt  early  in  the  season.  Your 
mother  and  the  children  remained  in  Geneva  till  the  last  of 
September,  when  they  returned  to  the  city.  Mr.  and  Mrs. 
Clark  came  with  them.  I  returned  to  the  city  and  resumed 
my  usual  duties  on  the  1st  of  September,  but  went  to  lodg- 


214  AUTOBIOGRAPHY 

ings,  our  house  having  been  repaired  and  painted  during  the 
summer,  not  being  yet  ready  for  occupancy.  My  month  of 
August  at  Geneva  was  given  up  to  rest  and  recreation.  I 
spent  it  in  hunting,  fishing,  riding,  walking,  sailing  on  the 
lake,  visiting,  and  light  reading.  My  health  was  materially 
improved,  and  on  my  return  to  the  city  seemed  to  be  fully 
restored.  The  only  additional  recreation  this  year  consisted 
in  passing  a  few  days  at  Christmas  at  Springfield,  with  my 
two  sons,  John  and  Samuel,  skating,  coasting,  and  other 
amusements  on  the  ice  and  snow. 

While  recreation  and  cessation  from  business  brought  my 
health  up  to  nearly  or  quite  a  sound  state,  yet  the  exactions  of 
professional  efforts  soon  showed  me  it  was  far  from  perfect.  I 
had  several  turns  of  illness  during  the  year,  and  on  two  or 
three  occasions  was  obliged  to  withdraw  from  business  for  some 
days  and  resort  to  medical  aid. 

Feeling  that  the  tenure  of  my  life  was  precarious,  I 
deemed  it  my  duty  early  this  year  to  make  a  will,  which  I  did 
on  the  16th  of  February.  It  was  in  the  following  words  : 

"  I  give  and  devise  all  my  real  and  personal  property,  of  every 
description,  to  my  wife  Jane  and  her  heirs,  and  appoint  her  execu- 
trix of  my  will." 

Attached  to  it  was  a  memorandum  in  the  following  words : 
"  My  dear  Jane  will  see  by  my  will,  that  I  have  given  all  my 
property  to  her.  My  motives,  I  presume,  will  be  plainly  seen  by 
her  and  my  children ;  but  to  avoid  any  misapprehension  in  that 
respect  I  state,  that  reposing  unlimited  confidence  in  the  judgment 
and  principles  of  my  dutiful  and  affectionate  wife,  and  knowing 
her  fidelity  as  a  mother,  I  have  thought  this  disposition  of  my 
property  would  best  enable  her  to  discharge  the  responsible  duties 
of  a  parent  to  our  children,  which  will  devolve  on  her  alone  after 
my  decease. 

"  Having  thus  discharged  my  duty  to  my  dear  wife  and  chil- 
dren according  to  my  best  judgment,  I  commit  her  and  them  to 
the  keeping  of  my  Heavenly  Father,  and  pray  that  His  blessing 
may  follow  the  widow  and  fatherless,  and  that  in  His  own  good 
time,  we  may  all  meet  in  His  mansions  of  rest. 

"February  16th,  1842.  SAM'L  A.  FOOT." 


AND  COLLATERAL  REMINISCENCES.  215 

This  will  continued  in  force  over  twenty-four  years,  and 
until  the  27th  of  November,  1866.  I  then  canceled  it  and 
made  another  one.  On  the  back  of  this  canceled  will  I  wrote 
as  follows : 

November  27th,  1866. 

"  The  advanced  age  of  my  wife  and  the  increased  ages  of  our 
children,  render  it  neither  necessary  nor  just,  to  cast  upon  her  the 
duties  and  responsibilities  which  the  within  will  does.  I  have 
therefore  canceled  it,  and  substituted  another  in  its  place.  But  I 
leave  this  to  show  my  dear  wife  how  perfect  my  confidence  in  her 
has  ever  been,  and  my  present  will  shows  that  it  has  received  no 
abatement. 

"SAM'L  A.  FOOT." 

My  children  will  see  from  the  preceding,  the  estimation  in 
which  I  held  their  dear  mother. 

She  was  removed  from  us  by  sudden  death,  only  two 
months  and  three  days  from  the  day  the  old  will  was  canceled 
and  the  new  one  made.  Of  her  character  and  death  I  shall 
write  fully  when  I  reach  the  year  1867. 

Some  extracts  from  my  diary  will  show  what  progress,  if 
any,  I  made  in  holiness  of  life — my  efforts  to  live  near  to  my 
God,  and  my  constant  failures  to  do  so  : 

January  3d,  Monday. — "  Spent  my  Sabbath  yesterday  better 
than  usual.  My  attention  to  and  interest  in  the  services  was 
greater  than  ordinary." 

January  17th,  Monday. — "  Yesterday  was  better  spent,  perhaps, 
on  the  whole,  than  is  usual  with  me.  My  evening  certainly  was, 
though  large  parts  of  the  day  were  very  improperly  wasted.  They 
were  occupied  on  secular  subjects.  I  felt  drowsy  also  during  a 
part  of  the  forenoon  service.  Sometimes  it  really  appears  to  me  as 
if  I  had  no  abiding  holiness  of  spirit,  and  perhaps  I  have  not.  God 
only  knows.  Oh  do  not,  blessed  Redeemer,  allow  me  at  last  to 
become  a  cast-away." 

Tuesday,  March  22d.  (Diary  of  Monday  omitted).—"  On  the 
Sabbath  AVC  had  communion  in  our  church,  and  the  festival  was 
delightful  to  me.  My  duties  during  the  day  were  performed  bet- 
ter than  usual,  and  but  for  worldly  thoughts  the  day  would  have 
been  passed  somewhat  as  it  ought" 


216  AUTOBIOGRAPHY 

May  1st,  Sunday. — "  Closed  my  accounts  yesterday  for  the  year, 
and  found  that  my  receipts  for  earnings  were  not  quite  as  large  as 
the  year  before,  yet  still  very  large  and  far  beyond  my  deserts.  God 
has  prospered  me  abundantly  during  the  past  year,  for  which  I 
trust  I  am  thankful  and  humble — humble  at  a  comparative  view 
of  His  goodness  and  my  own  unworthiness.  Gracious  Father, 
enable  me  to  live  more  in  accordance  with  thy  precepts,  and  under 
more  holy  influences  than  I  have  hitherto  done.  This  I  ask  for 
my  Redeemer's  sake." 

May  30th,  Monday. — "  Spent  my  Sabbath  yesterday  about  as 
well  as  usual.  My  mind,  however,  was  so  full  of  worldly  topics 
that  I  had  the  greatest  difficulty  to  keep  my  thoughts  in  the  right 
direction.  I  fear  a  worldly  spirit  is  gaining  upon  me ;  not  a  de- 
sire for  wealth  or  official  distinction,  but  for  professional  success 
and  distinction." 

Sunday,  June  19th. — "  Spent  last  evening  at  prayer  meeting, 
and  was  called  upon  by  Dr.  Knox  to  make  a  prayer,  which  I  did. 
This  is  the  first  public  exercise  of  the  kind,  or  rather  before  so 
large  a  meeting,  which  I  ever  performed.  Although  interested 
and  engaged,  there  was  not  that  entire  composure  of  spirit  and 
feeling  which  I  should  like  to  possess  on  such  occasions." 

Thursday,  July  28th.  The  day  we  came  in  town  from  Spring- 
field and  started  for  Geneva. — "  We  have  had  a  charming  visit  to 
Springfield,  and  our  healths  are  all  improved  by  it.  The  children 
with  us  are  remarkably  well.  For  these  blessings,  I  desire  to  say 
we  are  indebted  to  Him  who  giveth  us  all  things.  But  amid 
them  all,  I  am  far  from  adoring,  loving,  and  serving  Him  as  I 
ought." 

Monday,  September  12th. — "  Spent  my  Sabbath  yesterday  bet- 
ter than  I  recollect  to  have  done  ever  before.  Still  my  thoughts 
were  far  from  what  they  ought  to  have  been  during  the  whole 
day.  There  was  communion  in  our  church.  I  trust  my  soul 
has  been  refreshed  and  sanctified  by  the  festival." 

Saturday,  September  24th.  The  day  I  went  from  lodgings  to 
my  own  house. — "  I  would  here  acknowledge  the  kindness  of  my 
Heavenly  Father  in  preserving  my  dwelling,  and  permitting  me  to 
return  to  it.  Oh  may  I  have  His  aid  to  live  in  it  as  a  Christian 
father  ought,  which  I  ask  for  my  Redeemer's  sake." 

Thursday,  15th  of  December. — "  This  is  Mrs.  Foot's  birthday. 


AND  COLLATERAL  REMINISCENCES.  217 

She  is  thirty-four  years  old.  I  thank  my  Heavenly  Father  for 
sparing  her  to  me  and  our  children  another  year.  May  she  be 
endued  richly  with  heavenly  gifts,  and  be  a  bright  example  of  a 
Christian  mother." 

Saturday,  December  17th.—"  This  is  my  birthday.  The  good- 
ness and  mercy  of  my  Heavenly  Father  have  steadily  followed  me 
through  the  year.  I  have,  however,  one  source  of  poignant  regret, 
and  that  is,  that  I  have  lived  so  many  years  and  done  so  little  to 
promote  the  spiritual  good  of  my  fellow-men  and  my  Saviour's 
kingdom  upon  the  earth." 

We  this  day  received  information  from  Geneva,  that  our  little 
daughter,  Euphemia,  who  is  spending  the  winter  with  her  uncle  and 
aunt  Clarke,  had  the  scarlet-fever.  The  entry  in  my  diary  on  the 
receipt  of  this  information  is  as  follows :  "  The  disease  is  a  fearful 
one,  and  the  news  gives  me  and  Mrs.  Foot  great  anxiety.  But  the 
Lord  gave  and  He  hath  a  right  to  take  away,  and  it  is  the  sincere 
desire  of  my  soul,  that  I  may  be  able  to  say,  l  Blessed  is  the  name 
of  the  Lord.'" 

The  entry  in  my  diary  at  the  close  of  this  year  lays  open  so 
fully  and  faithfully  my  thoughts  and  feelings  that  I  have  concluded 
to  insert  it : 

"  Thus  has  my  year  passed  away.  One  large  portion  of  my 
life  is  gone.  This  diary  only  gives  the  outlines  of  the  manner  of 
spending  it.  I  do  not  mention  the  numerous  important  cases 
which  I  try  or  argue.  It  is  highly  gratifying  to  me,  and  for  which 
I  hope  my  gratitude  to  my  Heavenly  Father  is  suitably  deep,  to 
receive  the  daily  evidence  which  I  do  of  the  confidence  of  my  fel- 
low-citizens in  my  principles,  character,  and  professional  attain- 
ments. Sometimes,  I  feel  dissatisfied  with  myself,  at  occupying  no 
other  than  a  professional  sphere  of  usefulness.  It  seems  to  me  as 
if  other  objects  ought  to  occupy,  at  least,  portions  of  my  time,  but 
my  profession  is  so  exacting,  that  it  scarcely  affords  me  tune  to 
attend  to  my  spiritual  duties,  much  less  to  carry  forward  any  enter- 
prise of  benevolence,  or  usefulness,  independent  of  it.  I  do  not 
feel  willing  to  close  my  career  in  this  world  without  leaving  be- 
hind me  some  memorial  of  my  desire  to  benefit  my  fellow-men, 
beside  a  faithful  and  honest  discharge  of  my  professional  duties ; 
yet  a  kind  Providence  has  not  hitherto  opened  to  me  any  other 


218  AUTOBIOGRAPHY 

field  of  effort  My  children,  especially  my  sons,  are  beginning  to 
require  considerable  of  my  attention.  I  hope  to  train  them  to 
usefulness  and  true  honor,  to  lead  their  souls  to  their  Heavenly 
Father,  and  to  store  their  minds  with  useful  knowledge. 

"  It  has  been  a  general  rule  with  me  to  omit  in  my  diary  any 
mention  of  my  charities.  This  I  do,  because  they  ought  to  be  be- 
stowed in  secret  as  far  as  possible ;  but  though  omitted  they  are  a 
part  of  my  steady  duties,  to  which  I  endeavor  to  give  the  requisite 
attention ;  but  in  this,  as  in  all  my  other  duties,  I  come  far  short 
of  the  standard  of  a  truly  sanctified  spirit. 

"  The  goodness  and  mercy  of  my  Heavenly  Father  have  fol- 
lowed me  during  the  past  year.  No  calamity  has  visited  me  or 
mine.  Mental  chastisement  has  been  withholden  by  Infinite 
Benevolence,  and  the  new  year  finds  me,  Mrs.  Foot,  our  children, 
and  family  in  life  and  health.  Our  little  Euphemia  has  had  an 
attack  of  scarlet-fever  at  Geneva  this  winter,  but  it  was  not  very 
severe,  and  she  has  nearly  recovered  her  usual  health.  My  busi- 
ness, as  usual,  has  been  prosperous.  I  look  to  the  Giver  of  all 
things  for  a  continuance  of  prosperity,  and  hope  to  see  myself  ere 
long  in  a  situation  which  will  enable  me  greatly  to  increase  my 
charities.  My  present  establishment  is  too  costly,  but  I  do  not  see 
how  I  can  judiciously  change  it. 

"My  progress  in  spiritual  graces  is  slow  indeed,  if  at  all.  Some- 
times I  feel  as  if  I  was  retrograding  and  falling  away  from  the  love 
of  my  God.  The  world,  its  business  and  pursuits,  hold,  I  fear,  a 
paramount  influence  over  my  affections  and  thoughts.  My  strug- 
gles against  worldly-mindedness  often  appear  vain  and  hopeless. 
Nothing  but  the  infinite  power  of  my  Creator  can  subdue  my 
obdurate  will.  Not  only  the  Word  of  God,  but  sad  experience 
teaches  me  this  truth.  To  Him,  therefore,  and  Him  alone  must  I 
go  for  a  holy  spirit,  relying  alone  on  the  atonement  and  merits  of 
my  dear  Redeemer.  Blessed  Being,  take  me  into  thy  keeping,  re- 
new me  in  thy  image,  sanctify  my  soul,  enable  me  to  live  a  holy 
and  lovely  life,  to  discharge  my  duties  faithfully  in  this  world,  and 
finally  permit  me  to  dwell  with  thee  and  the  redeemed  in  glory 
forever.  These  priceless  blessings  I  ask  in  the  name  and  for  the 
sake  of  Jesus  Christ,  thy  Son,  my  Saviour." 


AND  COLLATERAL  REMINISCENCES.  219 


1843. 

This  year  was  almost  wholly  one  of  professional  labor,  social 
and  domestic  duties.  Our  older  children  had  reached  ages, which 
required  attention  to  their  education  and  training  ;  while  your 
mother  relieved  me  almost  entirely  from  the  care  of  the 
younger  ones,  and  in  a  great  degree  from  attention  to  the 
older  ones,  yet,  they  were  all  constantly  on  my  mind,  and  the 
education,  instruction,  and  government  of  the  older  ones  re- 
quired from  me  unremitted  attention. 

On  the  12th  of  February  another  son  was  given  to  us.  He 
was  a  well-formed,  healthy  boy — was  baptized  on  the  15th  of 
May  and  named  Kobert. 

In  my  diary  at  the  commencement  of  the  year  is  this 
entry :  "I  see  no  cause  for  changing  my  plan  for  using  my 
time,  and  shall  pursue  it  the  coming  year."  My  time  in  this, 
like  that  in  previous  years,  was  mainly  occupied  by  my  profes- 
sion. Social  duties,  however,  as  usual,  took  up  a  considerable 
portion  of  it,  but  my  children  this  year  required  and  received  a 
larger  share  than  theretofore.  I  gave  some  part  of  each  day  to 
them,  generally  by  giving  them  religious  instruction,  or  aiding 
them  in  some  form  in  their  Christian  and  secular  education. 
My  general  reading  was  in  snatches  of  time,  either  in  or  out  of 
court.  My  diary  shows,  that  I  often  took  a  book  to  court  with 
me,  and  read  while  waiting  for  causes  in  which  I  was  em- 
ployed to  be  called  in  their  order  on  the  calendar.  Notwith- 
standing all  these  various  calls  on  my  time,  I  was  able  to 
devote  some  portions  of  it  to  duties  partaking  of  a  public 
character. 

In  January  the  community  was  greatly  excited  against 
Commander  Mackenzie,  of  the  U.  S.  Navy,  for  having  exe- 
cuted the  son  of  a  distinguished  citizen  of  this  state,  to  sup- 
press an  apprehended  mutiny  on  board  the  Somers,  a  U.  S. 
vessel  which  he  commanded.  Being  well  acquainted  with 
Commander  Mackenzie,  and  believing  the  excitement  against 
him  unjust,  I  wrote  a  short  article  in  his  vindication,  which 


220  AUTOBIOGRAPHY 

was  published  in  the  Commercial  Advertiser,  on  the  17th  of 
that  month.     It  is  No.  29  of  "  Papers  Written  by  me." 

On  the  5th  of  May,  I  was  elected  a  manager  of  "The 
American  Bible  Society."  I  first  met  with  the  Board  of 
Managers  on  the  25th  of  that  month,  and  made  the  following 
entry  in  my  diary : 

"  Afternoon  at  a  meeting  of  the  Managers  of  the  Bible  Society, 
one  of  whom  I  was  elected  on  the  5th  inst,  in  the  place  of  Cor- 
nelius Hyer,  Esq.,  deceased.  Mr.  Hyer  Avas  a  most  excellent  and  a 
very  intelligent  man.  He  was  also  an  eminent  Christian — many 
years  an  elder  in  the  Collegiate  church,  and  no  man  had,  in  a 
higher  degree,  the  confidence  of  his  fellow-citizens.  He  was  nearly 
all  his  life  an  officer  in  the  old  New  York  Bank — first  as  clerk,  then 
cashier,  and  lastly  president.  I  was  appointed  one  of  the  com- 
mittee on  legacies,  in  the  place,  I  was  told,  of  the  late  Peter  A. 
Jay.  The  character  of  Mr.  Jay  as  a  scholar,  lawyer,  gentleman, 
and  Christian,  was  pre-eminent.  Would  that  I  was  worthy  to  be 
the  successor  of  such  men.  May  God  give  me  grace  to  approxi- 
mate to  their  high  example  in  the  discharge  of  my  duties  in  the 
great  cause  of  the  circulation  of  the  Scriptures." 

It  being  a  rule  with  me  never  to  accept  a  trust,  which  I 
could  not  perform,  and  having  accepted  this  one,  I  attended 
all  the  monthly  meetings  of  the  managers  and  all  the  meetings 
of  the  committee  on  legacies,  when  in  the  city. 

The  cause  of  colonization  continued  to  receive  attention 
from  me  this  year. 

A  meeting  of  the  graduates  of  Union  College  was  held  in 
the  city  of  New  York,  on  the  llth  of  May.  "  The  object  of 
this  meeting  was  (is)  a  free  conference  in  regard  to  the  Insti- 
tution, the  best  means  of  advancing  its  interests,  and  the 
expediency  of  taking  some  measures  to  unite  the  alumni  of 
this  vicinity  in  a  permanent  association."  I  was  appointed 
chairman  of  the  meeting,  also  of  a  committee  to  carry  into 
effect  the  object  of  it.  This  matter  received  my  attention 
during  the  year,  and  occupied  some  of  my  time. 

On  the  evening  of  the  17th  of  May  I  delivered  an  address 
before  "  The  Young  Men's  Christian  Association "  of  our 
church.  There  was  a  full  and  attentive  audience.  I  spoke 


AND  COLLATERAL  REMINISCENCES.  221 

from  brief  notes  and  for  thirty-five  minutes.  This  was  longer 
than  I  generally  spoke  on  such  occasions.  The  Association 
thanked  me  for  my  address  by  a  resolution  expressed  in  warm 
and  complimentary  terms. 

At  a  meeting  of  the  bar  of  the  city  of  New  York,  held  on 
the  20th  of  December,  to  honor  the  memory  of  Smith  Thomp- 
son, deceased,  an  Associate  Justice  of  the  Supreme  Court  of 
the  United  States,  I  was  appointed  one  of  a  committee  of 
three  to  attend  his  funeral  at  Poughkeepsie,  on  the  24th  of 
that  month,  and  attended  accordingly. 

This  eminent  man  had  lived  a  life  of  great  distinction  and 
usefulness.  He  was  Chief  Justice  of  the  Supreme  Court  of 
this  state  when  my  brother  died,  and  to  him  I  was  mainly  in- 
debted for  my  admission  ex  gratia  to  the  bar  as  a  counsellor- 
at-law,  which  I  have  previously  mentioned.  He  was  several 
years  Secretary  of  the  Navy  under  President  Monroe's  admin- 
istration, and  in  1823  appointed  an  Associate  Justice  of  the 
Supreme  Court  of  the  United  States.  This  high  office  he  held 
till  his  death.  He  was  a  learned  and  upright  judge,  esteemed 
and  respected  by  all.  I  received  many  evidences  of  his  friend- 
ship from  the  time  of  my  admission  to  the  bar  till  his  death. 
He  was  very  kind  and  of  great  service  to  me  on  my  first  visit 
to  Washington,  as  I  have  already  mentioned  in  my  account  of 
that  visit.  We  were  neighbors  in  the  city  of  New  York  for  a 
couple  of  years — our  families  as  well  as  ourselves  were  on  the 
most  friendly  footing. 

The  most  agreeable  and  satisfactory  evidence  which  I  ever 
received  of  the  estimation  in  which  I  was  held  by  the  bar  and 
the  community,  was  given  after  the  death  of  Judge  Thomp- 
son. There  seemed  to  be  a  general,  indeed,  almost  universal 
expression  in  favor  of  my  appointment  as  his  successor.  As 
early  as  the  28th  of  December,  only  four  days  after  his  inter- 
ment, an  article  appeared  in  "The  New  York  American," 
then  a  leading  journal  of  the  city,  advocating  my  appoint- 
ment.* Several  gentlemen,  unsolicited,  wrote  to  the  President, 

*  SUCCESSOB  TO  JUDGE  THOMPSON. — We  are  pleased  to  see  that  no 
little  attention  is  given  to  the  selection  of  a  competent  individual  to 


222  AUTOBIOGRAPHY 

recommending  my  appointment.  Among  them  was  the  truly 
Honorahle  Theodore  Frelinghuysen.  He  was  then  my  neigh- 
bor, and  a  member  of  the  same  church  with  me.  We  met  at 
the  Sunday  school.  He  informed  me  that  he  had  written 

occupy  the  seat  so  ably  filled  by  the  distinguished  Judge,  whose  death  is 
a  national  calamity.  If  the  fitness  of  the  various  persons  named  for 
this  high  station  is  candidly  discussed,  and  the  appointing  power  shall 
seek  for  just  and  true  information,  little  apprehension  need  be  enter- 
tained, that  the  vacant  place  will  not  be  well  filled. 

It  seems  to  be  conceded,  that  the  state  of  New  York  will  be  honored 
(as  she  should  be)  by  having  the  new  Judge  taken  from  the  members  of 
her  bar.  The  bar  of  no  state  in  the  Union  can  present  more  distinguished 
ornaments  of  the  profession ;  and  justice  and  propriety  alike  demand, 
that  on  this  occasion,  they  should  not  be  overlooked.  There  are  many  in 
this  state,  in  all  respects  eminently  qualified,  by  long  and  laborious  prac- 
tice of  the  profession,  high  and  varied  learning,  honorable  and  noble 
struggles  at  the  bar,  and  integrity  and  virtue  tried  as  by  the  refiner's  fire, 
to  adorn  this  high  station  and  add  new  trophies  to  the  judicial  fame  of 
the  state  of  New  York.  Many  most  worthy  of  this  exalted  station,  and 
possessing  these  requisites,  have  been  named  ;  and  among  them,  our  fel- 
low-citizen, Samuel  A.  Foot,  Esquire.  A  reference  to  the  reports  of  the 
various  courts  of  this  state,  will  show,  that  for  the  last  twenty-five  years, 
he  has  been  constantly  engaged  in  the  trial  and  argument  of  the  most 
important  causes  which  have  been  passed  upon  by  our  judicial  tribunals. 

Called  in  early  life,  without  friends  or  patronage,  to  contend  with  the 
master-spirits  of  the  bar  of  this  state,  he  manfully  cast  himself  into  the 
arena,  and  has  successfully  and  nobly  won  his  way  to  the  highest  rank  hi 
the  profession. 

Mr.  Foot  commenced  his  professional  career  at  Albany,  where  he 
resided  until  the  year  1828,  when  he  removed  to  this  city,  and  has  since 
been  engaged  here  in  an  extensive  practice,  and  in  causes  of  the  first 
magnitude.  He  is  a  sound  and  well-read  lawyer,  possessing  a  quick, 
clear  mind,  discerning  at  the  instant  the  points  of  a  cause,  and  of  most 
industrious  and  laborious  habits. 

In  the  argument  of  causes  he  is  most  thorough  in  his  preparation,  and 
oftentimes  most  able  and  eloquent,  as  all  testified  who  heard  his  powerful 
arguments  in  the  Supreme  Court  and  Court  of  Errors  during  the  last 
year,  in  the  great  case  of  the  Corporation  of  this  city. 

Mr.  Foot  was  educated  in  the  Republican  school,  though  never  a  zeal- 
ous or  noisy  partisan,  and  for  the  last  few  years  has  taken  no  active  part 
in  political  affairs. 


AND  COLLATERAL  REMINISCENCES.  223 

strongly  to  the  President  in  favor  of  my  appointment.  I  men- 
tion this  in  my  diary  and  say,  "  I  feel  grateful  to  my  Heavenly 
Father  that  He  has  so  ordered  all  things  in  regard  to  me,  that 
so  pure  and  wise  a  man  as  Mr.  Frelinghuysen  should  think  me 
worthy  of  so  exalted  a  station."  The  bar  of  the  city  did  not 
express  their  wishes  on  the  subject  till  the  month  of  February 
following.  Their  action  will  consequently  be  stated  in  my 
account  of  the  year  1844. 

My  professional  engagements  took  me  occasionally  this  year 
from  the  city.  I  was  at  Albany  from  the  18th  to  the  28th  of 
October,  attending  the  Court  for  the  Correction  of  Errors. 
The  argument  of  one  of  my  causes  being  postponed  on  account 
of  the  sickness  of  my  associate,  I  improved  the  opportunity 
to  go  to  Eochester  and  argue  a  cause  in  the  Supreme  Court. 
On  the  8th  and  9th  of  November,  a  litigated  probate  of  a  will 
took  and  detained  me  at  White  Plains.  From  the  14th  to 
the  26th  of  November  I  was  engaged  at  Albany  in  the  argu- 
ment of  causes  in  the  Court  for  the  Correction  of  Errors,  and 
again  from  the  5th  to  the  9th  of  December  in  arguing  causes 
in  the  Court  of  Chancery  and  the  Supreme  Court,* 

For  strict  and  high  integrity,  and  estimable  private  character,  it  is 
but  justice  to  say,  that  none  excel  him. 

We  feel  assured,  that  if  the  judicial  mantle  should  fall  on  his  shoul- 
ders, it  would  be  worn  with  a  high  sense  of  the  responsibilities  it  imposes, 
and  suffer  no  stain  while  in  his  keeping. 

*  Among  other  causes,  which  I  tried  this  year,  after  my  summer's 
vacation,  and  before  going  to  Albany  on  the  18th  of  October,  was  one  for 
the  Messrs.  Harper  &  Brothers,  during  which  an  incident  occurred,  illus- 
trative of  the  ready  talent  of  the  late  Henry  J.  Raymond.  The  Harpers 
had  been  unwarily,  by  the  recommendation  of  a  friend,  drawn  into  a  con- 
tract with  the  author  of  a  book  called  Dolores,  to  publish  it  for  him.  Be- 
fore publishing  it,  however,  they  handed  it  over  to  Mr.  Raymond,  who 
was  then  a  reader  for  them,  to  examine.  He  condemned  it  as  immoral. 
The  Harpers  consequently  refused  to  publish  it.  The  author  found  an- 
other publisher,  and  sued  the  Harpers  for  a  breach  of  their  contract.  I 
defended  them,  on  the  ground  of  the  immorality  of  the  book,  and  the  con- 
sequent unlawfulness  of  its  publication,  and  called  Mr.  Raymond  as  a  wit- 
ness for  them.  He  pointed  out  several  objectionable  passages  and  added, 
that  the  book  was  also  full  of  transcendentalism.  Mr.  Daniel  Lord  and 


224  AUTOBIOGRAPHY 

My  recreation  this  year  was  mainly  at  Geneva.  Your 
mother  and  I  left  New  York  for  that  place  on  the  1st  of 
August.  We  took  with  us  three  of  the  children,  Euphemia, 
Alfred,  and  Robert.  The  other  three,  John,  Samuel,  and 
Mary,  went  there  in  June  with  their  uncle  and  aunt  Clark. 
I  remained  in  Geneva  till  the  llth  of  September,  and  your 
mother  and  the  children  till  the  1st  of  October.  My  time  at 
Geneva  was  spent  almost  wholly  in  physical  recreation,  viz., 
riding,  fishing,  sailing,  superintending  and  assisting  in  build- 
ing a  couple  of  piers  at  the  margin  of  the  lake  on  your  uncle 
Clark's  lot.  I  built  the  north  one  at  my  own  expense,  and 
made  a  present  of  it  to  your  uncle.  The  building  of  these 
piers  occupied  nearly  three  weeks  of  my  time.  I  read  but  lit- 
tle, though  spent  a  good  deal  of  time  in  social  intercourse.  My 
evenings  were  generally  thus  employed.  I  attended  to  some 
professional  business,  but  did  not  employ  in  it  altogether 
more  than  two  days  of  my  time.  Besides  the  time  passed  at 
Geneva,  your  mother  and  I  spent  a  few  days  in  May  at 
Springfield,  in  a  visit  to  your  grandmother  and  aunt  Eliza — a 
few  days  early  in  July  at  Sommerville,  N.  J.,  in  a  visit  to 
your  mother's  cousin,  Mr.  Eichard  Duyckinck,  and  his 
daughter,  Mrs.  J.  R.  Cornell,  and  her  husband,  who  were 
staying  with  Mr.  Duyckinck — again  several  days  in  the  latter 
part  of  that  month  at  Springfield  to  visit  your  grandmother 
and  aunt  before  we  went  to  Geneva,  and  during  the  last  days 
of  September  I  took  a  ride  to  Utica,  to  meet  your  mother  and 
the  children  on  their  return  to  the  city. 

David  Graham,  jr.,  were  on  the  other  side.  Mr.  Graham  cross-examined 
Mr.  Raymond,  and  among  other  questions  asked  him  to  state  to  the  court 
and  jury,  what  transcendentalism  was.  Mr.  Raymond  was  not  prepared  for 
this  question,  and  it  took  him  quite  aback.  The  blood  rushed  to  his 
face,  and  for  an  instant,  I  thought  he  was  floored,  but  he  rallied  in  a  few 
seconds  and  answered,  that  "  transcendentalism  was  everything  that  was 
bad  and  that  had  no  particular  name."  This  quite  turned  the  tables  in 
his  favor,  and  brought  an  approving  smile  from  court,  bar,  and  jury. 
N.  B. — This  note  was  written  in  1870,  after  Mr.  Raymond's  de- 


AND  COLLATERAL  REMINISCENCES.  225 

I  took  but  little  exercise  this  year  in  the  city,  beyond  walk- 
ing to  and  from  my  office  when  the  weather  would  permit. 

Your  mother  and  I  this  year  seriously  and  often  considered 
the  question,  whether  we  should  remain  in  the  city  with  the 
large  number  of  children  we  had,  and  attempt  to  rear  them 
there,  or  purchase  a  place  in  the  country.  We  finally  con- 
cluded to  go  into  the  country.  Our  first  intention  was  to 
locate  in  the  vicinity  of  the  city,  and  so  near  to  it,  that  I  could 
go  to  town  daily  and  attend  to  my  profession.  With  that  view 
we  looked  at  a  great  many  places  which  were  offered  for  sale, 
and  inquired  carefully  into  the  advantages  of  such  a  location 
for  a  large  family  like  ours.  We  finally  concluded,  as  stated 
in  my  diary  of  the  20th  of  December,  "  Mrs.  Foot  and  I  are 
satisfied  that  it  will  not  do  for  us  to  buy  a  country  residence 
with  a  view  to  a  future  occupancy  of  it  ourselves,  away  from 
churches,  schools,  and  stores — that  if  we  buy  at  all,  it  must  be 
near  some  town  or  village." 

Some  extracts  from  my  diary  will  give  a  correct  view  of  my 
efforts  and  frequent  failures  to  live  a  holy  and  truly  Christian 
life;  also  of  the  progress,  if  any,  which  I  made  in  Christian 
graces  and  preparation  to  meet  my  God. 

January  23d,  Monday. — "  Spent  my  Sabbath  yesterday  far  bet- 
ter than  I  have  generally  done.  I  was  not  drowsy  in  the  evening 
as  I  often  am,  but  spent  it  in  reading  and  conversing  with  Mrs. 
Foot.  Many  vain  and  worldly  thoughts  crowded  upon  my  mind 
while  in  church ;  still,  not  so  many  as  often  do,  and  I  was  able  to 
enjoy  the  services,  and  I  hope  profit  by  them.  I  heard  my  boys 
read  considerably  during  the  day.  Called  myself  to  a  strict  ex- 
amination in  regard  to  my  anxiety  respecting  property,  and 
resolved  to  be  less  anxious  on  that  subject." 

February  27th,  Monday.  Several  of  our  children  and  one  of 
our  nurses  had  the  scarlet-fever ;  our  cook,  too,  was  ill  from  over- 
work.—" The  hand  of  our  Heavenly  Father  is  upon  us  in  chastise- 
ment. May  our  hearts  be  improved  by  His  dispensations.  0  God, 
watch  over  us  for  our  good,  and  preserve  us !  Let  all  thy  dealings 
with  us  be  sanctified  to  our  souls,  and  prepare  us  for  thy 
presence." 

15 


226  AUTOBIOGRAPHY 

March  7th,  Tuesday. — "Our  sick  nurse  died  this  morning. 
She  was  a  conscientious,  pious  girl,  a  member  of  the  Irish  Presby- 
terian church.  She  died  happily.  I  pray  God  that  He  will 
sanctify  this  dispensation  to  me  and  the  members  of  my  family." 

March  20th,  Monday. — "  I  have  much  to  regret  and  something 
to  rejoice  at  in  respect  to  the  manner  of  spending  my  Sabbath 
yesterday.  The  sacrament  of  the  Lord's  supper  was  administered, 
and  I  enjoyed  the  service,  and  had  a  realizing  sense  of  the  privi- 
lege of  thus  remembering  the  dying  love  of  my  dear  Kedeemer. 
I  attended  church  in  the  afternoon  and  gave  as  good  attention  as 
usual  to  the  services,  and,  perhaps,  rather  better.  But  during  the 
day,  and  especially  during  a  part  of  the  general  exercises  of  the 
morning,  I  was  harassed  with  idle  and  vain  thoughts.  Oh,  the 
deceitfulness  of  my  heart !  Would  that  my  soul  was  filled  with 
the  self-denying  humility  of  a  true  Christian  spirit.  I  spent  the 
morning  before  church,  the  intermission,  and  evening  quite  as 
well  as  usual — read  considerable  and  conversed  with  Mrs.  Foot 
and  the  children  on  topics  suitable  to  the  day." 

March  29th,  Wednesday. — "  Why  should  I  be  anxious  about 
the  things  of  this  world  ?  I  should  not.  It  is  an  impeachment  of 
my  Heavenly  Father's  goodness  to  be  discontented  amid  the  many 
mercies  which  I  enjoy.  Gracious  God  forgive  me,  for  my  Saviour's 


June  19th,  Monday. — "  Yesterday  was  a  delightful  day  to  me. 
The  sacrament  of  the  Lord's  supper  was  administered  in  our 
church.  Mrs.  Foot  was  with  me,  and  the  exercises  were  highly 
edifying.  Notwithstanding  my  desire  to  keep  my  mind  wholly 
engaged  in  the  exercises  of  the  day,  and  notwithstanding  those 
services  were  deeply  interesting  and  refreshing  to  my  soul,  still 
worldly  topics  and  thoughts  unsuited  to  the  day  beset  and  dis- 
tressed me.  Oh  how  far  I  am  from  the  stature  of  a  perfect  man 
in  Christ!" 

July  4th,  Tuesday. — "  This  is  the  anniversary  of  our  national 
independence.  *  *  *  I  feel  grateful  to  my  Heavenly  Father 
for  the  blessings  He  has  conferred  on  the  nation  the  past  year,  and 
entreat  His  aid  in  discharging  my  duty  as  a  Christian  patriot," 

July  16th,  Sunday.  After  our  visit  to  Sommerville,  N.  J.,  and 
giving  a  full  account  of  it  and  of  the  persons  we  met. — "  I  desire 
here  to  record  my  gratitude  to  my  Heavenly  Father  for  His  care 


AND  COLLATERAL  REMINISCENCES.  227 

over  me  and  mine  during  my  absence,  and  for  the  enjoyments  He 
has  permitted  me  to  receive  in  my  intercourse  with  our  friends, 
and  in  viewing  the  displays  of  His  wisdom  and  goodness  in  the 
works  of  His  creation." 

September  12th,  Tuesday.  In  giving  my  account  of  the  tune 
passed  at  Geneva. — "  My  morning  and  evening  devotions  have 
been  steadily  attended  to — the  former  with  Mrs,  Foot  and  our 
children  in  our  room,  and  the  latter  with  Mrs.  Foot  in  the  same 
place.  I  have  also  regularly  attended  church  on  the  Sabbath,  and 
occasionally  other  religious  exercises,  but  have  not  read  my  Bible 
as  often  as  I  ought.  My  reading  in  it  has  been  almost  wholly  on 
the  Sabbath,  and  occasionally  mornings  with  John  and  Samuel 
before  or  after  prayers.  My  shortcomings  in  duty  are  many,  and 
the  atonement  of  my  Kedeemer  can  alone  save  me.  God,  I  thank 
thee  for  thy  many  mercies,  and  pray  thee  to  pardon  my  sins,  for 
Christ's  sake." 

September  13th,  Wednesday. — "  The  time  in  my  life  has  arrived 
when  I  must  use  glasses,  at  least,  to  some  extent.  This  warns  me 
that  I  am  turning  towards  its  close,  and  shows  me  the  value  of 
what  remains.  When  I  review  that  which  is  past,  and  see  how  bar- 
ren it  is  of  good  or  usefulness  to  my  fellow-men,  to  what  it  might 
have  been,  I  feel,  indeed,  humble  and  guilty  before  my  Heavenly 
Father.  Gracious  God,  pardon  my  misspent  time,  for  Jesus' 


September  25th,  Monday. — "  Spent  my  Sabbath  yesterday  bet- 
ter than  usual.  Attended  church  three  times,  heard  three  excel- 
lent discourses,  and  was  able  to  give  my  thoughts  and  feelings  to 
the  services  during  nearly  the  whole  of  them.  My  time  out  of 
church  (being  home  alone),  was  occupied  in  reading  and  reflec- 
tions suitable  to  the  day,  with  the  exception  of  some  portion  of  it 
during  which  my  thoughts  were  engaged  on  worldly  topics." 

October  1st,  Sunday.  The  day  after  your  mother  and  the  chil- 
dren reached  home  from  Geneva. — "My  family  have  all  been 
greatly  benefited  by  their  summer  residence.  They  have  enjoyed 
good  health.  The  children  have  grown  finely.  The  three  eldest, 
who  have  been  to  school,  have  improved  in  knowledge.  In  fine, 
all  which  I  could  reasonably  ask  or  desire  in  regard  to  my  family 
has  been  granted  by  a  kind  and  overruling  Providence.  0  Lord, 
teach  me  thy  ways  and  enable  me  to  walk  in  them.  May  my  heart 


228  AUTOBIOGRAPHY 

be  filled  with  thankfulness  for  thy  many  mercies,  and  my  soul 
brought  into  subjection  to  thy  holy  will." 

December  14th,  Thursday. — "  This  day  has  been  set  apart  by 
the  Governor  of  this  state  as  a  day  of  thanksgiving  and  prayer. 
During  the  past  year  God  has  continued  to  bless  me  with  abun- 
dance. My  professional  business  in  the  main  has  been  good,  and 
promises  to  be  as  productive  as  in  former  years.  We  have  had  all 
things  that  we  need  to  render  life  happy  and  useful.  No  serious 
sickness  has  assailed  any  of  our  family,  except  one  domestic,  and  she 
died  a  happy  death.  Our  children  had  the  scarlet-fever  lightly,  and 
another  one  has  been  given  to  us — a  healthy  and  promising  boy. 
Our  religious  privileges  have  been  great,  and  I  trust  and  hope, 
Mrs.  Foot  and  myself  are  more  devoted  Christians  than  we  were  a 
year  ago.  We  are  greatly  blessed  in  our  children.  They  are  rapidly 
improving  in  all  respects.  Those  who  attend  school  are  making 
rapid  progress  in  their  education,  and  none  of  them  exhibit  vicious 
dispositions.  God  of  mercies,  take  them  into  thy  holy  keeping,  fit 
them  for  usefulness  in  this  life  and  happiness  in  heaven ;  this  I  ask 
for  my  and  their  Eedeemer's  sake." 

December  15th,  Friday.—"  This  day  is  Mrs.  Foof  s  birthday. 
She  is  thirty-five  years  of  age.  I  thank  my  Heavenly  Father  for 
sparing  her  life,  and  continuing  to  her  the  enjoyment  of  health 
and  the  use  of  all  her  faculties  of  mind  and  body,  whereby  she  is 
able  to  discharge  her  numerous  and  responsible  duties.  0  God, 
take  her  into  thy  holy  keeping,  preserve  her  from  danger,  enable 
her  to  continue  to  be,  as  she  hitherto  has  been,  a  blessing  to  me 
and  our  dear  children.  This  I  ask  for  my  Eedeemer's  sake." 

December  17th,  Sunday. — "This  is  my  birthday.  I  am  fifty- 
three  years  old,  almost  an  old  man,  and  yet  have  all  the  feelings 
of  young  manhood.  My  health  has  been  good  the  past  year.  God 
has  been  good  to  me,  in  giving  me  an  excellent  constitution  and  a 
vigorous  frame  of  body.  He  has  also  preserved  me  from  danger  so 
effectually,  that  I  have  never  had  a  limb  broken,  or  received  any 
other  bodily  injury.  Goodness  and  mercy  have  indeed  followed 
me  all  the  days  of  my  life.  During  the  past  year,  I  have  suffered 
no  serious  affliction  in  my  own  person  or  family,  with  the  excep- 
tion of  the  death  of  a  domestic  before  mentioned.  Peace  and  order 
have  prevailed  in  my  house,  and  prosperity  attended  me  in  my 
business.  My  spiritual  privileges  have  been  great,  and  I  hope  my 


AND  COLLATERAL  REMINISCENCES.  229 

soul  is  better  prepared  to  meet  my  God  than  on  my  last  birthday. 
I  have,  in  pursuance  of  a  resolution  then  taken,  devoted  more  time 
than  formerly  to  the  good  of  my  fellow-men.  I  have  endeavored 
to  discharge  my  duty  as  a  manager  of  the  Bible  society  and  of  the 
Colonization  society,  and  otherwise  endeavored  to  advance  Christ's 
kingdom  on  the  earth ;  but  it  seems  as  if  I  had  done  almost  noth- 
ing, and  that  I  am  indeed  an  unprofitable  servant.  But  for  the 
infinite  love  and  mercy  of  my  God  and  Saviour,  I  should  certainly 
become  a  cast-away.  My  contributions  to  charitable  objects  are 
still  smaller  than  I  could  wish,  but  the  increase  of  my  family 
necessarily  limits  them.  If  I  purchase  a  place  in  the  country  for 
my  family  in  the  summer,  which  I  think  it  my  duty  to  do,  my 
intention  is,  not  to  let  the  debt,  if  any,  which  I  may  contract  for 
that  purpose,  interfere  to  any  great  extent  with  other  duties.  0 
God,  thou  knowest  my  heart  and  how  deceitful  it  is ;  so  order,  I 
entreat  thee,  that  my  soul  may  be  brought  into  subjection  to  thy 
holy  will,  my  affections  purified  and  elevated,  my  thoughts  sanc- 
tified and  directed  to  useful  ends,  and  my  whole  man  renewed  in 
the  image  and  fitted  for  thy  presence.  These  things  I  ask  in  the 
name  and  for  the  sake  of  Jesus  Christ  my  Saviour." 

December  24th,  Sunday.  The  day  after  my  return  from 
Poughkeepsie,  and  after  an  account  of  my  attendance  at  the 
funeral  of  Judge  Thompson,  I  say :— "  My  name  has  been  sug- 
gested by  several  of  the  public  journals  as  a  suitable  one  for  suc- 
cessor to  Judge  Thompson;  but  there  is  no  probability  of  my 
receiving  the  appointment.  My  views  of  political  duty  are  not 
favorable  to  my  promotion  to  any  official  station.  God,  in  His 
dealings  with  me,  seems  to  mark  out  a  private  station  for  me ;  but 
He  holds  the  hearts  of  all  under  His  control,  and  He  may  put  it 
into  the  heart  of  the  President  of  the  United  States  to  nominate 
me.  In  any  event,  and  in  all  His  providences,  I  hope  I  may  be 
able  to  say  in  sincerity,  Thy  will,  0  God,  be  done ! " 


1844. 

This  year  was  in  some  respects  different  from  other  years 
of  my  life.    Although  my  profession  demanded  most  of  my 


230  AUTOBIOGRAPHY 

time,  yet  it  was  not  as  exacting  as  usual.  My  engagements 
were  equally  important,  but  not  as  numerous.  I  had,  more- 
over, by  this  time  of  life,  acquired  so  large  a  fund  of  profes- 
sional knowledge,  that  preparation  even  for  important  causes 
required  less  labor  than  formerly.  I  had  consequently  more 
time  for  reading,  and  did  read  more  than  in  several  previous 
years. 

Social  duties  this  year  occupied  not  only  their  full  share  of 
my  time,  but  even  required  a  greater  portion  of  it  than  usual. 
The  active  part  I  took  in  the  Presidential  contest  led  to  the 
forming  of  many  new  acquaintances,  and  considerably  extended 
my  social  relations. 

As  mentioned  in  my  account  of  last  year,  the  members  of 
the  bar  of  the  city  of  New  York,  with  only  two  or  three  ex- 
ceptions, who  had  committed  themselves  early  for  other  candi- 
dates, but  who  approved  of  my  appointment,  signed  and 
presented  to  the  President,  a  request  for  my  appointment,  as 
the  successor  of  Judge  Thompson.  The  unanimity  of  this  re- 
quest, and  the  high  character  of  those  who  made  it,  rendered 
it  peculiarly  gratifying  to  my  feelings.  A  copy  of  it  will  be 
found  among  my  old  papers. 

The  vacancy  caused  by  the  death  of  Judge  Thompson  was 
not  filled  till  January,  1845,  when  Judge  Nelson,  then  Chief 
Justice  of  the  Supreme  Court  of  our  state,  was  appointed  as 
his  successor. 

The  Whigs,  having  a  majority  in  the  Senate,  kept  the 
place  open,  in  the  expectation  of  electing  a  President  in 
December,  1844,  who  would  nominate  a  member  of  their 
party  ;  and  the  general  understanding  was,  that  I  should  re- 
ceive the  nomination. 

This  personal  bearing  of  the  Presidential  contest,  my  sin- 
cere friendship  for  Mr.  Frelinghuysen  and  high  estimate  of  his 
character,  induced  me  to  take  early  and  active  measures  for 
his  nomination  as  Vice-President,  at  the  convention  held  at 
Baltimore  in  May  of  this  year,  and  to  labor  earnestly  for  the 
success  of  the  Whig  candidates.  I  spent  considerable  time  in 
the  months  of  March  and  April — wrote  many  letters,  and  con- 


AND  COLLATERAL  REMINISCENCES. 


231 


ferred  with  many  gentlemen  to  effect  Mr.  Frelinghuysen's 
nomination.  There  was  no  diversity  of  opinion  in  regard  to 
the  candidate  for  the  Presidency.  Public  sentiment  clearly 
designated  Henry  Clay  of  Kentucky  for  that  position.  His 
nomination  was  unopposed.  Mr.  Frelinghuysen's  nomination 
was  also  made  with  great  unanimity. 

Arrangements  were  made  by  the  Whigs  of  Somerset 
County,  N.  J.,  to  hold  a  mass  meeting  at  Millstone,  the  birth- 
place of  Mr.  Frelinghuysen,  on  Wednesday,  the  7th  of 
August.  The  committee  of  arrangements  invited  me  as  early 
as  the  16th  of  July  to  address  the  meeting,  but  being  at  Utica 
attending  a  term  of  the  Supreme  Court,  the  invitation  did 
not  reach  me  till  the  22d  of  that  month,  when  I  accepted  it. 
A  notice  of  the  meeting  and  a  copy  of  my  letter  accepting  the 
invitation  to  address  it,  were  published  in  the  Newark  Daily 
Advertiser  on  the  25th  of  July.* 

*   THE    MASS    MEETING    AT     MILLSTONE. 

The  Whigs  of  old  Somerset  have  resolved  to  hold  a  mass  meeting 
at  Millstone,  on  Wednesday,  the  7th  of  August  next,  at  1  o'clock  P.M. 
And  they  cordially  invite  their  fellow-citizens  from  every  part  of  the 
County,  to  meet  them  in  council  at  the  birth-place  of  their  Frelinghuy- 
sen.  The  ladies  are  particularly  invited  to  attend.  Ample  accommoda- 
tions will  be  provided  for  them. 

Millstone  is  the  birth-place  of  New  Jersey's  favorite  son — our  own 
Frelinghuysen,  and  we  look  for  a  full  gathering  of  the  Whigs  of  the 
neighborhood  on  this  occasion.  Our  friends  in  this  County  will,  we 
trust,  send  a  full  delegation.  Among  the  eminent  private  citizens  who 
are  expected  to  be  present  we  notice  the  name  of  Samuel  A.  Foot,  Esq., 
who,  it  will  be  seen  by  the  subjoined,  consents  to  leave  for  the  time  his 
professional  pursuits  for  the  purpose  of  contributing  his  aid  to  the  cause 
which  demands  the  hearty  support  of  every  patriot : 

UTICA,  July  82d,  1844. 
THOS.  A.  HARTWELL,  Esq.,  Chairman,  &c. 

SIR  :— I  had  the  honor  of  receiving  at  this  place,  where  I  am  attend- 
ing our  Supreme  Court,  your  letter  of  the  16th  inst.,  addressed  to  me  at 
New  York,  inviting  me  "  to  meet  and  address  the  Whigs  of  Somerset  at 
Millstone  on  the  7th  of  August." 

I  have  not  addressed  political  assemblies  for  some  years  past,  and 
when  invited  have  declined.  But  the  importance  of  the  issues  involved 


232  AUTOBIOGRAPHY 

I  prepared  an  address  with  care,  and  wrote  it  out  in  full. 
An  immense  meeting  was  held  on  the  day  designated,  before 
which  I  delivered  it  from  brief  notes.  This  address  was  well 
received.  It  was  published  entire  by  several  public  journals, 
and  a  very  large  edition  of  it  was  published  by  the  committee 
and  circulated  as  a  campaign  document.  It  is  No.  30  of 
"  Papers  Written  by  me."  There  were  many  complimentary 
notices  of  it  in  the  public  journals.  I  have  annexed  to  it  two 
— one  from  the  Newark  Daily  Advertiser,  and  the  other  from 
the  New  York  Commercial  Advertiser. 

While  at  Geneva  in  August,  I  addressed  a  large  public 
meeting  in  favor  of  the  Whig  ticket.  It  was  well  received.* 

in  the  approaching  Presidential  election,  the  obligation  and  duty  of  the 
country  to  reward  Mr.  Clay  with  its  highest  honor  for  a  life  of  patriotic 
services,  the  circumstance  that  Millstone,  the  place  of  your  meeting,  is 
the  birth-place  of  Mr.  Frelinghuysen,  our  candidate  for  the  Vice-Presi- 
dency, and  the  deep  interest  which  his  life,  character,  and  present  posi- 
tion awaken,  have  induced  me  on  this  occasion  to  depart  from  my  usual 
course  and  accept  your  invitation. 

Life  and  health  permitting,  I  will  meet  and  address  the  Whigs  of 
Somerset,  at  the  time  and  place  designated. 

Eespectfully,  your  obedient  servant, 

SAM'L  A.  FOOT. 

*  MR.    FOOT'S    ADDRESS. 

The  address  of  the  Hon.  Samuel  A.  Foot  to  the  Republicans  of  this 
place,  on  Friday  evening,  was  a  most  chaste,  forcible,  and  effective  effort. 
His  opening  statement  as  to  the  great  issues  between  the  two  parties,  and 
their  respective  positions,  was  full  of  truth  and  power  ;  while  his  exam- 
ination of  the  Texas  question  was  eminently  logical,  eloquent,  and 
appropriate.  We  have  seldom  listened  to  remarks  characterized  by  more 
sound  judgment  and  convincing  reasoning,  or  conveying  a  larger  amount 
of  useful  information,  or  delivered  with  more  persuasive  power,  than  the 
speech  of  Mr.  F.  It  was,  in  our  judgment,  not  the  least  of  its  merits, 
that  it  entirely  avoided  everything  in  the  shape  of  personality  and  abuse. 
The  most  captious  of  our  opponents  could  surely  find  nothing  to  censure 
in  the  manner  and  temper  of  the  address,  while  its  facts  and  reasonings 
commended  themselves  most  irresistibly  to  the  judgments  and  con- 
sciences of  all  men,  of  whatever  creed  in  politics.  We  would  that  the 
example  of  Mr.  F.,  not  only  in  his  thorough  acquaintance  with  his  sub- 


AND  COLLATERAL  REMINISCENCES.  233 

The  Whig  candidates  were  defeated,  mainly  by  an  inju- 
dicious letter  from  Mr.  Clay  to  a  friend  in  Alabama,  called 
his  "  Alabama  Letter,"  written  a  few  weeks  before  the  elec- 
tion, in  which  he  favored  the  annexation  of  Texas.  This 
letter  lost  the  state  of  New  York  to  the  Whigs,  and  with  it 
the  election. 

I  was  greatly  disturbed  and  quite  unhappy  for  some  days 
at  the  loss  of  the  election.  But  now  (1869)  when  I  look  back 
and  review  the  results  of  the  defeat  of  the  Whigs,  viz.,  the 
annexation  of  Texas  and  the  great  events  following  and  conse- 
quent upon  it,  I  cannot  but  see,  that  an  infinitely  gracious 
and  omniscient  God  ordered  all  for  the  good  and  greatness  of 
this  favored  nation.  For  myself  personally  the  defeat  was  a 
great  blessing.  For  if  the  Whigs  had  succeeded,  and  I  had 
been  appointed  a  Judge  of  the  Supreme  Court  of  the  United 
States,  I  should  have  been  compelled  to  resign,  or  live  four- 
fifths  of  the  time  away  from  your  mother  and  our  children,  and 
in  straightened  circumstances,  as  the  salary  would  have  been 
entirely  inadequate  to  the  wants  of  our  large  family. 

Some  extracts  from  my  diary  will  show  how  the  defeat  of 
the  Whigs  affected  me,  and  the  direction  it  gave  to  my 
thoughts  and  feelings  : 

November  3d,  Sunday. — "  The  news  last  evening  from  Penn- 
sylvania was  not  as  favorable  to  the  Whigs  as  anticipated,  and  I 
felt  depressed  in  spirits.  But  this  was  wrong,  very  wrong.  My 
Heavenly  Father  overrules  all  things  according  to  His  sovereign 
will,  and  I  ought  to  submit  with  cheerfulness  and  be  satisfied,  and 
with  His  blessing  will  endeavor  to  hereafter." 

November  4th,  Monday.—"  I  endeavored  during  the  day  (the 
day  previous,  it  being  the  Sabbath)  to  school  myself  into  submis- 
sion to  my  Heavenly  Father's  will  in  respect  to  the  present  contest 


ject,  and  his  acute  and  profound  analysis,  but  more  especially  in  temper 
and  moderation,  and  in  a  studious  avoidance  of  everything  in  the  shape 
of  personal  vindictiveness  and  party  abuse,  might  be  more  extensively 
followed  by  the  speakers  of  both  parties.  Much  good  we  are  convinced 
would  ensue. 


234  AUTOBIOGRAPHY 

for  President  of  the  United  States,  if.  the  Whigs  are  unsuccessful,  as 
I  fear  they  may  be.  Gracious  God,  help  me  to  yield  to  all  thy 
orderings,  and  be  content  with  them." 

November  9th,  Saturday. — "My  thoughts  and  feelings  have 
been  deeply  interested  in  the  late  election  for  President  and  Vice- 
President.  The  defeat  of  the  Whigs  in  this  state,  and  their 
probable  defeat  through  the  country,  greatly  afflicts  me.  The 
only  source  of  consolation  is  the  certainty  that  a  righteous,  just, 
and  infinitely-wise  God  reigns  in  heaven  and  on  earth.  To  His 
will  I  ought  to  submit,  and  entreat  Him  to  give  me  a  spirit  of  true 
submission." 

November  17th,  Sunday.— « With  God's  blessing,  I  will  en- 
deavor during  the  rest  of  my  life,  not  to  be  over-anxious  about  the 
honors,  possessions,  or  enjoyments  of  this  life,  but  try  to  live  as  a 
self-denying  Christian  should.  I  have  been  unduly  anxious  about 
the  result  of  the  late  Presidential  election." 

December  9th,  Monday.  After  an  account  of  the  day  previous, 
it  being  the  Sabbath. — "With  God's  blessing,  and  under  what 
appears  to  me  a  clear  indication  of  His  will,  I  have  resolved  never 
to  seek  worldly  distinction,  but  leave  it  to  follow  a  faithful  dis- 
charge of  duty,  and  if  it  comes  to  me  at  all,  to  use  it  for  the  good 
of  others." 

December  12th,  Thursday.  Thanksgiving  day. — "  During  the 
past  year  I  have  had  some  expectation  of  receiving  the  appoint- 
ment of  Judge  of  the  Supreme  Court  of  the  United  States,  to 
supply  the  place  of  Mr.  Justice  Thompson,  who  died  about  a  year 
since,  but  the  defeat  of  the  Whig  candidates  for  President  and 
Vice-President  has  disappointed  that  expectation.  I  have  now  no 
hope  of  ever  being  called  into  public  service.  My  Heavenly 
Father,  who  directs  all  things  in  heaven  and  on  earth,  has  seen  fit 
to  place  me  in  a  private  station,  and  continue  me  there.  He  does 
all  things  for  the  best,  and  I  entreat  Him  to  give  me  a  submissive 
spirit,  and  enable  me  to  discharge  faithfully  the  duties  of  the  posi- 
tion which  I  occupy." 

There  was  an  animated  public  discussion  last  year  and 
this,  in  regard  to  an  International  Copyright.  Your  uncle, 
John  Campbell,  wrote  and  published  a  strong  pamphlet  on 
the  subject,  and  I  wrote  a  short  notice  of  it,  which  was  pub* 


AND  COLLATERAL  REMINISCENCES.  235 

lished  in  the  New  York  Commercial  Advertiser  in  January  of 
this  year.     It  is  No.  31  of  "  Papers  Written  by  me." 

The  cause  of  colonization  continued  this  year  to  engage 
my  attention  and  occupy  a  small  portion  of  my  time.  I  pre- 
sided at  a  meeting  of  the  Board  of  Managers  of  the  New  York 
Colonization  Society,  on  the  13th  of  May,  convened  to  hear  an 
account  of  the  colony  from  President  Roberts,  and  made  a 
short  address.  An  account  of  the  meeting  and  of  the  part  I 
took  at  it  was  published  in  the  New  York  Commercial  Adver- 
tiser of  the  14th  of  that  month. 

My  duties  as  a  manager  of  the  Bible  Society  were  faith- 
fully performed  this  year  ;  also  as  a  member  of  the  committee 
to  promote  the  interests  of  Union  College. 

While  at  Geneva  in  August  this  year,  I  received  from 
Geneva  College  a  diploma  as  Doctor  of  Laws.  This  degree 
was  conferred  on  me  in  1834,  but  by  some  accident  was  not 
known  to  me  till  ten  years  afterwards. 

The  children  were  scattered  this  summer.  John  went  to 
Watertown,  Conn.,  in  June,  and  remained  .there  with  our 
relatives  till  the  forepart  of  September.  Samuel,  Euphemia, 
and  Mary  went  to  Geneva  with  their  uncle  and  aunt  Clark  in 
the  latter  part  of  May.  Samuel  and  Mary  staid  there  till 
September,  and  Euphemia  till  the  middle  of  November. 
Alfred  and  Robert  went  to  Springfield,  N.  J.,  early  in  July, 
and  remained  there  till  the  middle  of  September. 

Our  fifth  son,  Lawrence,  was  born  on  the  7th  of  July,  and 
baptized  on  the  7th  of  October.  Your  mother  passed  the 
month  of  August  and  the  forepart  of  September  with  your 
grandmother  at  Springfield.  The  three  youngest  children 
were  with  her. 

The  children  this  year  received  increased  attention  from 
me.  Beside  the  attention  given  to  them  at  unstaid  times  as 
the  occasion  required,  or  opportunity  offered,  I  heard  each  one 
every  morning  repeat  a  verse  from  the  Bible,  who  was  able  to 
read  and  learn  it,  and  on  every  Sunday  evening  at  twilight  I 
told  them  a  story  illustrative  of  some  religious  and  moral 


236  AUTOBIOGRAPHY 

truth.  After  the  story,  Mrs.  Foot  usually  sang  several  hymns 
before  the  children  went  to  bed. 

I  commenced  about  this  year  (though  I  find  no  entry  of  its 
commencement  in  my  diary),  an  exercise  on  the  Sabbath  with 
my  children,  which  consisted  in  calling  them  together  after 
the  afternoon  service,  and  inquiring  of  them  and  desiring  them 
to  tell  me  what  they  remembered  of  the  sermon,  forenoon  and 
afternoon — always  commending  and  sometimes  rewarding  cor- 
rect and  full  recitals  of  portions  of  the  sermons.  This  exer- 
cise was  continued  till  the  year  1865,  and  was  confined  to  the 
children  who  were  old  enough  to  attend  church,  but  not  suffi- 
ciently advanced  in  age  and  knowledge,  to  feel  and  realize  the 
importance  of  strict  attention  to  the  services. 

My  health  this  year  was  generally  good,  though  in  Janu- 
ary and  again  in  May,  I  had  an  ill  turn,  caused  by  the  inaction 
of  my  liver,  and  showing  me  that  the  cause  of  my  former  severe 
illness  was  not  wholly  removed. 

My  exercise  in  the  city  this  year  was  little,  if  any,  beyond 
walking  to  and  from  my  office  when  the  weather  would  permit. 
My  recreation  was  also  somewhat  restricted.  In  January  I 
passed  four  days  with  my  boys,  John  and  Samuel,  at  Spring- 
field, N.  J.,  mainly  in  skating  on  your  grandmother's  pond. 
In  April  I  spent  three  days  at  West  Point,  on  a  visit  to  my 
nephew,  Prof.  Davies,  and  his  family,  and  the  first  ten  days 
in  August  at  Springfield  and  Weston,  N.  J.  ;  but  they  were 
scarcely  days  of  recreation,  for  a  large  portion  of  the  time  was 
given  to  preparation  for  the  speech,  which  I  delivered  on  the 
7th  of  that  month  at  Millstone.  On  the  12th  of  August,  I 
went  to  Geneva,  and  remained  there  till  the  4th  of  September. 
This  time  was  given  wholly  to  recreation,  mainly  riding,  fish- 
ing, and  visiting.  I  read  a  little.  On  my  return  from  Geneva, 
I  passed  a  couple  of  days  at  Springfield  with  your  mother  and 
the  children  with  her,  and  then  went  to  Watertown,  Conn.,  for 
John.  I  passed  a  few  days  there.  Samuel  was  with  me.  The 
boys  and  I  came  back  to  the  city  on  the  llth  of  September. 
This  completed  my  year's  recreation. 

My  profession  took  me  from  the  city  a  few  times  this  year. 


AND  COLLATERAL  REMINISCENCES.  237 

I  was  at  Albany  five  days  in  February — at  Utica  ten  days  in 
July — at  Kochester  six  days  in  October,  and  at  Albany  eight 
clays  in  November. 

Some  extracts  from  my  diary  will  show  my  religious  state 
during  the  year  : 

January  14th,  Sunday. — "  My  thoughts  are  still  occupied  to 
some  extent  with  the  succession  to  Judge  Thompson.  There  is  a 
fascination  in  office  which  captivates  the  undisciplined  heart,  and 
which  I  find  it  difficult  to  resist,  though  my  judgment  teaches 
me  that  neither  my  temporal  or  spiritual  welfare  would  he  pro- 
moted by  receiving  the  appointment  of  Associate  Justice  of  the 
Supreme  Court  of  the  United  States.  But  should  God  in  His 
providence  call  me  to  that  station,  I  shall  endeavor  to  discharge 
its  duties  as  a  Christian  magistrate  ought.  It  is  cause  of  thankful- 
ness and  gratitude  to  my  Heavenly  Father,  that  many  of  my  fel- 
low-citizens, and,  as  I  understand,  a  large  majority  of  them,  in- 
cluding the  members  of  the  bar,  desire  my  appointment.  When 
I  look  back  on  my  life,  it  is  obvious  that  an  unseen  hand,  directed 
by  the  purest  benevolence  and  wisdom,  has  guided  me  through 
the  whole  of  it.  Let  me  ever  praise  His  holy  name." 

February  12th,  Monday.— "  Spent  my  Sabbath  yesterday  bet- 
ter than  any  one  of  my  life,  as  I  now  recollect.  I  attended  church 
three  times,  and  was  able  to  give  my  almost  undivided  attention 
through  all  the  services.  My  devotions,  too,  were  fervent.  I  read 
in  the  morning,  and  during  the  intermission  after  dinner.  I 
thank  thee,  Heavenly  Father,  for  the  precious  privileges  of  thy 
holy  day,  and  the  holy  joy  it  afforded  me." 

March  18th,  Monday.—"  Spent  my  Sabbath  yesterday  as  usual. 
*  *  *  The  sacrament  of  the  Lord's  supper  was  administered, 
and  it  was  truly  refreshing  to  my  spirit.  May  God  in  His  mercy 
carry  me  forward  in  my  preparation  for  death  and  His  presence. 
Spent  the  twilight  as  usual,  and  told  the  children  a  prairie  story 
illustrative  of  the  importance  of  keeping  the  Sabbath." 

June  2d,  Sunday. — "A  little  occurrence  happened  in  court 
yesterday  which  gave  me  far  too  much  uneasiness.  It  was  a  mere 
remark  of  the  Chief  Justice,  hardly  worth  a  second  thought,  and 
yet  it  occupied  my  mind  for  hours.  This  shows  me  how  really 
worldly-minded  I  am,  and  how  little  I  look  to  God  and  Him 


238  AUTOBIOGRAPHY 

alone.  0  Holy  Being,  enable  me  to  put  a  right  estimate  upon  the 
world  and  all  things  in  it,  and  to  place  my  trust  in  thee.  Help 
me  to  look  to  thee  for  consolation  in  this  life  and  joy  in  the  life 
to  come." 

June  17th,  Monday.  After  an  account  of  the  previous  Sab- 
bath.— "  The  sacrament  of  the  Lord's  supper  was  administered  in 
the  forenoon,  and  was  truly  grateful  to  my  soul.  0  God,  help  me 
to  live  as  becomes  a  professed  follower  of  the  blessed  Saviour.  The 
spiritual  privileges  I  enjoy  are  without  price,  and  severe  indeed 
will  be  my  condemnation,  unless  I  avail  myself  of  them  for  the  sal- 
vation of  my  soul." 

July  1st,  Monday. — "  This  day  is  the  anniversary  of  Mrs. 
Foot's  and  my  wedding.  We  have  lived  happily  together  ten  years. 
God  has  blessed  us  in  all  our  ways.  His  goodness  and  mercy 
have  followed  us  continually.  Oh  may  my  heart  melt  in  holy  love 
and  gratitude,  and  my  soul  delight  in  His  service.  Take  me  and 
my  companion  into  thy  keeping,  blessed  Father;  fit  us  for  the 
duties  of  this  life  and  the  joys  of  heaven." 

July  4th,  Thursday. — "  This  is  the  anniversary  of  our  national 
existence.  I  and  mine  have  enjoyed  another  year  the  protection 
which  the  constitution  and  laAvs  of  the  country  afford,  and  that 
protection  has  been  complete.  Neither  my  rights  of  person  or 
property  have  been  invaded.  The  blessings  of  an  efficient  govern- 
ment have  been  bestowed  upon  me.  When  I  look  back  to  the 
first  settlement  of  the  country,  trace  the  progress  of  the  nation 
from  that  time  to  the  present,  the  hand  of  a  kind  Providence  is 
visible  in  every  step.  He  is  indeed  the  Giver  of  every  good  and 
perfect  gift.  In  Him  the  nation,  as  well  as  every  individual,  lives 
and  moves  and  has  its  being.  Heavenly  Father,  I  thank  thee  for 
the  many  favors  and  blessings  which  I  have  hitherto  and  still  am 
daily  receiving  from  thee." 

July  7th,  Sunday.  The  day  of  the  birth  of  our  fifth  son,  whom 
we  named  Lawrence. — "  Our  fifth  son  was  born  this  morning.  He 
is  fully  grown,  healthy,  perfect  in  body,  and  appears  to  have  all  his 
faculties.  My  prayers  in  this  respect  have  been  answered  by  my 
Heavenly  Father,  and  to  Him  I  commit  this  little  immortal,  and 
entreat  that  his  life  may  be  spared,  his  health  preserved,  his 
faculties  developed,  and  his  soul  saved.  Gracious  God,  I  dedicate 
him  to  thee.  Oh  make  him  thine  own  in  Jesus ! " 


AND  COLLATERAL  REMINISCENCES.  239 

September  4th,  Friday.  The  day  of  my  return  home  from 
Geneva. — "  On  reaching  my  dwelling  in  safety,  and  thus  assem- 
bling again  a  part  of  my  family,  I  feel  grateful  to  my  Heavenly 
Father  for  His  care  over  me  and  mine,  and  desire  here  to  acknow- 
ledge and  record  my  deep  sense  of  His  merciful  kindness." 

December  31st,  Tuesday. — "The  above  closes  my  record  of 
the  past  year.  Goodness  and  mercy  have  followed  us  through  the 
whole  of  it.  *•  *  *  Our  children  have  grown  in  mind  and 
body,  and  are  reasonably  promising.  They  have  sustained  no 
serious  injury.  The  arm  of  their  Heavenly  Father  has  been 
around  and  defended  them.  One  has  been  added  to  their  number. 
Mrs.  Foot  and  I  thus  far  are  greatly  blessed  in  our  children.  Oh 
may  we  be  enabled  by  God's  grace  to  bring  them  up  in  His  fear 
and  to  His  glory." 


1845. 

My  time  this  year  was  apportioned  and  employed  in  gen- 
eral like  that  of  the  previous  year.  My  profession,  though 
occupying  most  of  my  time,  was  not  so  exacting  as  to  prevent 
me  from  having  time  to  read  and  for  social  duties.  The  cause 
of  colonization  received  some  attention  from  me  this  year,  but 
the  subject  which  most  engaged  my  attention,  outside  of  my 
profession,  was  the  Bible  Society.  After  becoming  acquainted 
with  the  affairs  of  the  Society,  and  the  manner  in  which  its 
business  and  operations  were  conducted,  I  became  satisfied 
that  a  more  perfect  system  for  conducting  them  was  necessary 
to  secure  economy  and  promptness,  especially  in  view  of  its 
increasing  income  and  operations.  Accordingly,  on  the  15th 
of  May,  when  the  Board  of  Managers  met  to  organize  for  the 
year,  I  offered  the  following  resolution  : 

"Kesolved,  That  in  view  of  the  increasing  business  of  this 
Society,  a  committee  of  three  be  appointed  to  inquire  whether  any 
alterations  are  necessary,  or  any  improvements  can  be  made  in 
the  arrangement  and  conducting  of  the  same  ;  and  whether  any 
and  what  regulations  ought  to  be  made  in  conducting  the  business 


240  AUTOBIOGRAPHY 

of  printing  in  the  new  mode  undertaken  by  this  Society,  and 
report  thereon  to  this  Board." 

It  was  adopted  and  a  committee  appointed,  of  which  I  was 
chairman.  We  examined  carefully  and  fully  into  the  affairs 
of  the  Society  and  the  manner  of  conducting  its  business  and 
operations.  The  labor  of  this  examination  was  mainly  per- 
formed by  me. 

The  committee  made  a  report  in  part  at  the  meeting  of 
the  Board  of  Managers  in  July,  in  the  form  of  resolutions, 
which  they  presented  for  adoption.  They  were  drawn  by  me. 
The  Board  approved  and  passed  them. 

The  committee  found  that  the  regulations,  which  had  been 
adopted  from  time  to  time  by  the  Board,  were  entirely  inade- 
quate to  the  extended  operations  of  the  Society,  and  under- 
took the  difficult  and  laborious  duty  of  framing  a  body  of 
by-laws  adequate  to  the  varied  and  extended  business  and 
operations  of  the  Society,  and  to  that  duty  I  devoted  myself 
during  the  summer.  When  the  committee  met  in  the  autumn, 
I  was  able  to  present  a  body  of  by-laws  for  their  consideration. 
There  were  thirty-seven  of  them.  Their  preparation  required 
time,  labor,  and  thought.  After  a  careful  revision  by  the 
committee,  they  were  reported  to  the  Board  of  Managers  at 
their  regular  monthly  meeting  on  the  first  Thursday  in 
November,  and  at  an  adjourned  meeting  in  the  latter  part  of 
that  month,  carefully  examined,  fully  discussed,  amended  and 
adopted  with  great  unanimity.  At  the  regular  meeting  of 
the  Board  on  the  first  Thursday  in  December,  the  committee 
were  discharged,  and  a  resolution  of  thanks  for  their  services 
unanimously  passed. 

The  large  amount  of  time,  labor,  and  thought  bestowed  on 
the  preliminary  examination  into  the  affairs,  business,  and 
operations  of  the  Society,  on  the  draft  of  the  by-laws,  and  an 
active  part  in  discussing  and  perfecting  them,  was  bestowed 
under  a  sense  of  duty  devolved  upon  me  by  accepting  the 
position  of  a  manager  of  the  Society. 

Subsequent  events  showed  the  necessity  and  importance  of 
the  examinations  and  by-laws. 


AND  COLLATERAL  REMINISCENCES.  241 

The  only  other  duty  discharged  this  year,  outside  of  my 
profession,  worth  mentioning,  was  the  delivery  of  an  address 
on  the  death  of  the  Hon.  John  Cotton  Smith,  President  of  the 
Bible  Society,  before  the  Board  of  Managers,  at  a  special 
meeting  held  on  the  16th  of  December,  called  to  notice  his 
death.  I  say  in  my  diary,  "  The  object  of  this  address  was 
mainly  to  induce  a  more  general  attendance  of  the  managers 
at  their  monthly  meetings,  especially  of  the  clergymen."  It 
was  noticed  in  the  public  journals,  but  not  published.  This 
accorded  with  my  wishes,  as  it  was  not  suitable  for  publica- 
tion. 

Our  children  were  again  scattered  this  summer.  Euphe- 
mia,  Mary,  and  Robert  went  to  Geneva  the  last  of  April  with 
their  uncle  and  aunt  Clark.  Samuel  C.  to  Springfield,  N.  J., 
on  the  3d  of  July,  to  pass  the  summer  with  his  grandmother 
and  aunt  Eliza,  and  on  the  4th,  John,  Alfred,  and  Lawrence, 
with  their  mother,  to  Geneva.  All  the  children  at  Geneva, 
except  Euphemia,  returned  with  their  mother  to  the  city  on 
the  4th  of  September.  Euphemia  came  back  late  in  the  fall 
with  her  uncle  and  aunt.  Your  mother,  and  the  children  who 
came  from  Geneva  with  her,  after  passing  a  day  in  the  city 
went  over  to  Springfield  to  pass  the  month  of  September  with 
your  grandmother  and  aunt  Eliza. 

While  there,  our  dear  little  Robert,  who  was  a  bright, 
healthy,  promising  boy,  was  drowned  on  the  9th  of  September, 
in  his  grandmother's  gold-fish  pond — a  small  circular  pond, 
about  18  inches  deep,  a  short  distance  from  and  in  front  of  the 
house.  The  sad  event  is  thus  recorded  in  my  diary : 

"  On  learning  the  particulars  of  his  death,  the  hand  of  my 
Heavenly  Father  seemed  to  have  been  directly  employed  in  taking 
him  from  this  world  of  sorrow.  The  little  fellow  was  not  absent 
from  the  nursery  beyond  two  or  three  minutes  before  he  was 
missed,  and  in  a  minute  more  was  found  floating  in  the  gold-fish 
pond  with  his  face  downward  and  his  arms  extended.  But  life  was 
extinct.  Every  effort  was  made  to  restore  animation,  but  in  vain. 
The  Lord  had  called  him  home,  and  I  trust  my  soul  can  say, 
"  Blessed  is  His  holy  name."  *  *  *  The  funeral  was  at  10J 
16 


242  AUTOBIOGRAPHY 

o'clock  A.M.  of  the  llth  of  September.  The  officiating  clergyman 
performed  the  services  appropriately.  The  funeral  was  very 
solemn,  the  day  was  pleasant,  the  country  still,  and  the  whole  scene 
impressive.  The  ceremonies  had  meaning  in  them,  and  I  could 
not  but  think  it  was  "  better  to  go  to  the  house  of  mourning  than 
to  the  house  of  feasting."  The  remains  of  our  dear  child  were 
buried  in  the  plot  of  ground  set  apart  in  the  Springfield  cemetery 
for  the  family  of  Mr.  Campbell.  This  is  the  first  time  Mrs.  Foot 
and  I  have  been  afflicted  seriously  since  our  marriage.  God  in  His 
mercy  has  spared  us  until  now ;  and  even  now,  I  feel  that  He  has 
chastened  us  in  love.  He  has  taken  only  one  of  the  dear  immor- 
tals He  has  given  us,  when  He  has  a  right  to  take  all.  He  gave, 
and  He  can  take  away.  Oh  for  the  right  spirit  to  profit  by  this 
dispensation !  God  be  merciful  to  me,  a  sinner — fill  my  soul  with 
humility  under  this  mark  of  thy  displeasure.  I  know  thy  judg- 
ments are  just,  and  full  of  love  and  mercy.  Thou  dost  chasten 
those  whom  thou  lovest.  Oh  draw  me  nearer  to  thee — detach  my 
affections  from  the  world — enable  me  to  give  up  all  for  Christ — ( 
make  me  one  of  thy  children  in  Jesus.  Oh  may  I  meet  my  little 
one  in  thy  mansions  of  rest  in  heaven.  I  ask  all  for  Christ's 
sake." 

Your  mother  exhibited  so  much  true  womanly  and  moth- 
erly character  on  this  distressing  occasion,  that  I  must  leave  a 
short  account  of  it  for  her  children. 

As  soon  as  Kobert  was  found,  she  took  charge  of  him,  and 
with  entire  presence  of  mind,  clear  judgment,  and  extraor- 
dinary energy,  applied  every  means  which  the  most  skillful 
surgeon  could  have  adopted  to  restore  life.  But  when  all  had 
failed,  and  it  was  evident  life  was  extinct,  her  feelings  over- 
powered her  and  she  had  to  be  assisted  to  her  bed. 

When  your  mother  and  the  children  with  her  had  finished 
their  visit  to  Springfield,  I  went  over  for  them.  They  returned 
with  me  to  the  city  on  the  26th  of  September. 

On  the  13th  of  October  another  son  was  given  us — a 
healthy,  well-formed  boy.  He  was  baptized  on  the  12th  of 
December.  We  called  him  Robert  Ebenezer,  after  his  little 
brother  Robert,  who  was  drowned  in  September,  and  my 
.brother  Ebenezer,  who  died  in  1814. 


AND  COLLATERAL  REMINISCENCES.  243 

As  our  children  advanced,  they  received  increased  atten- 
tion from  me,  especially  in  religious  instruction.  They  were 
sent  to  good  schools,  and  I  paid  no  other  attention  to  their 
secular  education,  than  to  see  that  they  were  faithfully  in- 
structed and  made  fair  progress.  But  their  religious  educa- 
tion was  obtained  mainly  at  home  from  their  mother  and  me. 
We  sent  them  regularly  to  the  Sabbath-school,  but  regarded 
that  as  merely  auxiliary  to  our  own  instruction. 

Samuel  C.  had  musical  talent  and  taste.  He  began  in 
June  of  this  year  to  sing  with  his  mother  at  the  family  con- 
certs on  Sunday  evenings.  On  the  first  Sunday  morning  in 
October  your  mother  and  I  commenced,  as  stated  in  my  diary, 
"  making  a  requisition  on  our  children  to  contribute  to  foreign 
missions."  John  and  Samuel  C.  went  with  me  to  monthly 
concert  on  the  following  Monday  evening,  and  put  the  money 
in  the  plate.  This  practice  we  uniformly  followed  till  the 
children  were  old  enough  to  act  for  themselves. 

My  health  was  not  good  for  the  last  half  of  this  year.  In 
my  diary  of  the  1st  of  July  is  this  entry  :  "I  have  had  more 
pain  in  my  side  for  some  time  past  than  usual,  and  I  must  be 
more  abstemious  ;  "  and  the  next  day,  "  I  was  not  well  yester- 
day, nor  have  I  been  for  some  time  past."  On  the  9th  of 
September  I  mention  my  having  consulted  our  family  physi- 
cian respecting  my  health,  and  that  "  My  tongue  and  mouth 
had  been  sore  for  the  last  five  or  six  weeks,  and  some  part  of 
the  time  to  such  a  degree  as  to  affect  materially  my  taste. 
During  all  this  time,  I  have  had  to  be  watchful  over  my  diet, 
and  have  not  been  able  to  eat  freely."  My  liver  was  torpid 
and  my  illness  continued  throughout  the  year.  In  the  latter 
part  of  September  I  commenced  taking  a  cold  bath  early  in 
the  morning,  with  brisk  and  thorough  rubbing  of  my  person 
with  a  coarse  napkin,  and  after  that,  riding  on  horseback  upon 
a  trotting  horse  for  three-quarters  of  an  hour,  during  which  I 
usually  rode  from  four  to  six  miles.  The  weather  seldom  pre- 
vented my  ride  ;  nothing  but  a  severe  storm  kept  me  from  it. 
In  addition  to  this  morning  exercise,  I  improved  every  oppor- 
tunity for  walking  during  the  day,  and  followed  a  severe 


244  AUTOBIOGRAPHY 

regimen  in  my  diet.  I  lived  almost  entirely  on  beef  tea  and 
tapioca.  By  perseverance  in  this  treatment  of  myself  I  was 
able  to  retain  sufficient  health  to  attend  to  my  professional 
duties. 

My  recreation  this  year  was  desultory,  though  in  the  whole 
considerable.  I  spent  four  days  in  the  latter  part  of  January 
at  Springfield,  N.  J.,  on  a  visit  to  Mrs.  Campbell.  Your 
mother,  John,  and  Samuel  C.  were  with  me.  The  boys  and  I 
skated  and  engaged  in  other  winter  sports.  On  the  28th  of 
May,  your  mother  and  I,  in  company  with  my  nephew,  Prof. 
Charles  Davies,  and  his  daughter  Elizabeth,  went  to  Boston, 
Mass.  The  Professor  and  myself  partly  on  business  and  partly 
for  pleasure.  The  Professor  had  a  cause  pending  there  in  the 
United  States  Circuit  Court,  before  Judge  Story,  and  I  went 
on  to  argue  it.  But  as  my  preparation  was  made  before 
leaving  home,  no  labor  was  required  at  Boston,  except  to 
deliver  my  argument.  We  remained  in  Boston  till  the  4th  of 
June.  Only  a  small  part  of  my  time  was  occupied  in  court. 
The  rest  of  it  was  passed  in  visiting,  receiving  visits,  and 
riding  in  the  environs  of  Boston.  The  Professor  and  I  both 
had  friends  in  Boston.  We  were  kindly  received,  and  marked 
attention  was  paid  to  us  and  our  ladies.  A  full  account  of 
this  visit,  and  of  the  friends  we  met,  will  be  found  in  my 
diary. 

On  the  4th  of  July  I  went  up  to  Albany  with  your  mother 
and  the  children  on  their  way  to  Geneva,  and  passed  a  couple 
of  days  there  visiting  relatives  and  friends.  On  the  9th  I  went 
over  to  Springfield,  N.  J.,  and  passed  a  couple  of  days  with 
Mrs.  Campbell,  Eliza,  and  my  son,  Samuel  C.,  and  on  the  13th 
went  to  Weston,  N.  J.,  to  visit  Mr.  and  Mrs.  Isaac  E.  Cornell, 
and  passed  four  days  with  them. 

While  attending  court  at  Utica,  I  went  to  Geneva  and 
passed  the  20th  of  July,  being  the  Sabbath,  and  returned  to 
Utica  on  Monday  ;  and  on  the  24th  of  that  month,  having 
finished  my  business  at  Utica,  I  went  to  Geneva  and  remained 
there  till  the  27th  of  August,  with  the  exception  of  one  day 
spent  at  Rochester  in  professional  business  early  in  August.  I 


AND  COLLATERAL  REMINISCENCES.  245 

came  again  to  Geneva  from  Rochester  on  the  2d  of  September, 
passed  the  day  there,  and  left  the  next  day  for  the  city  with 
your  mother  and  the  children.  My  time  at  Geneva  was  spent 
as  it  usually  was  when  there  for  recreation,  in  walking,  riding, 
fishing,  rowing  and  sailing  on  the  lake,  hunting,  social  inter- 
course, and  reading.  I  wrote  some  this  year,  mainly  in  pre- 
paring by-laws  for  the  Bible  Society.  During  the  month  of 
September  I  made  several  short  visits  to  Springfield,  and  at 
Robert's  death  was  there  several  days.  Again  in  the  latter 
part  of  December  your  mother  and  I  spent  a  week  there.  I 
went  for  rest  and  recreation.  This  visit  completed  my  recrea- 
tion for  the  year. 

My  professional  engagements  took  me  from  the  city  several 
times  this  year — as  already  mentioned,  to  Boston,  Mass.,  in 
the  latter  part  of  May ;  to  Utica,  in  July,  to  attend  the  Su- 
preme Court,  where  I  was  detained  several  days  ;  to  Rochester, 
early  in  August,  to  attend  the  Court  for  the  Correction  of 
Errors,  and  again  in  the  latter  part  of  that  month.  On  this 
last  occasion  I  was  engaged  there  several  days.  I  went  again 
to  Boston,  Mass.,  on  the  17th  of  September,  and  was  detained 
there  several  days;  again  on  the  2d  of  October,  and  again  on 
the  llth  of  November,  when  I  was  occupied  there  till  the  16th 
of  that  month.  On  the  24th  of  November  engagements  in  the 
Court  for  the  Correction  of  Errors  took  me  to  Albany,  and 
detained  me  there  till  the  3d  of  December. 

Some  extracts  from  my  diary  will  show  my  spiritual  state, 
and  progress,  if  any,  this  year  in  holiness  of  mind  and 
heart  : 

January  2d,  Thursday.  Being  an  account  of  the  previous  day. 

« There  was  an  interchange  of  family  presents  in  the  morning, 

which  made  the  commencement  of  the  day  delightful.  Gracious 
God,  thy  goodness  and  mercy  appear  to  follow  me  and  mine  con- 
tinually. Oh  help  me  to  live  in  sweet  submission  to  thy  holy  will. 
May  the  year  now  commenced  be  spent  by  me  as  becomes  a  dying 
and  accountable  sinner.  May  I  feel  more  deeply  than  I  have 
hitherto  done  my  responsibilities,  but  especially  may  I  experience 
and  enjoy  a  more  ready  yielding  to  thy  providences  in  regard  to 


246  AUTOBIOGRAPHY 

myself  than  heretofore.  Help  me  to  be  contented  with  my  lot  in 
this  life,  and  to  renounce  the  honors  and  distinctions  of  this 
world." 

February  24th,  Monday. — "  Spent  my  Sabbath  as  usual  yester- 
day, but  I  hope  with  a  slight  improvement.  It  appears  to  me,  that 
my  interest  in  the  services  was  deeper  than  it  generally  is.  *  *  * 
The  fault  of  the  day  was  too  much  secular  conversation  in  my 
family."* 

March  10th,  Monday. — "  Spent  my  Sabbath  yesterday  as  usual, 
though  I  hope  with  more  than  ordinary  benefit  to  my  soul.  The 
Lord's  supper  was  administered,  and  all  the  exercises  of  the  morn- 
ing were  delightful  and  refreshing.  *  *  *  Would  that  all  my 
religious  exercises  and  duties  were  as  full  of  holy  unction  as  those 
of  yesterday  forenoon !  and  yet  they  were  far  below  the  standard  of 
the  Bible.  I  am,  indeed,  after  all  my  best  efforts,  a  guilty  sinner 
before  an  infinitely  holy  God.  Oh  for  His  grace  to  overcome  the 
world  in  my  heart ! " 

September  5th.  On  our  arrival  home  from  Geneva. — "A 
kind  Providence  has  watched  over  us  in  all  our  movements. 
Goodness  and  mercy  have  constantly  folloAred  us.  I  have  been 
uniform  in  my  morning  and  evening  devotions  during  my  absence 
from  home,  and  have  had  our  children  present  in  the  morning 
when  with  them.  I  have  generally  read  in  the  Bible  every  day, 
sometimes  more,  sometimes  less,  but  not  as  constantly  and  exten- 
sively as  I  ought.  "Whenever  a  review  of  the  manner  in  which  I 

*  As  the  entry  in  my  diary  in  regard  to  the  manner  of  spending  the 
Sabbath  has  been  for  some  time  past,  and  will  be  hereafter,  "  as  usual," 
I  will  here  state  my  usual  mode  of  spending  the  day  : — Morning — After 
dressing  in  my  room,  private  devotions,  writing  my  diary,  and  family 
devotions  in  my  library — family  devotions  consisting  of  reading  a  psalni 
from  the  Bible,  each  one  reading  a  verse  in  turn,  and  a  prayer  by  me. 
Forenoon— Hearing  the  children  recite  from  the  Catechism,  and  explain- 
ing it  to  them,  and  attending  church.  Afternoon— Attending  church, 
calling  the  younger  children  together  to  tell  me  what  they  remembered  of 
the  sermons,  reading  appropriate  to  the  day,  as  opportunity  offered,  and 
always  a  chapter  in  Scott's  Bible  with  his  Notes  and  Practical  Observa- 
tions, unless  they  were  too  long  for  one  day's  reading,  and  if  so,  then  only 
a  part.  At  twilight  telling  the  children  an  instructive  story.  Evening — 
A  family  concert  of  sacred  music,  conducted  by  Mrs.  Foot. 


AND  COLLATERAL  REMINISCENCES.  247 

discharge  my  duties  becomes  necessary  and  is  made,  my  delinquen- 
cies become  manifest,  and  I  feel  how  far,  how  very  far,  I  am  from 
the  true  Christian  standard  of  the  Bible.  After  my  best  efforts  to 
serve  and  honor  my  Heavenly  Father,  I  see  that  I  am  nothing,  less 
than  nothing  spiritually,  and  that  my  trust  must  be  alone  in  the 
merits  and  atonement  of  my  Kedeemer.  Blessed  Saviour,  have 
mercy  on  me;  may  thy  intercession  be  effectual  for  my  sal- 
vation." 

November  17th,  Monday.  After  an  account  of  my  health, 
which  was  then  much  worse  than  it  had  been. — "  If  it  be  my 
Heavenly  Father's  will,  I  hope  He  will  restore  me  to  health ;  if  it 
is  not,  my  prayer  is  to  be  ready  and  willing  to  yield  a  ready  acqui- 
escence in  His  dispensations." 


1846. 

This  year  was  in  its  general  features  like  the  previous  one. 
My  profession  occupied  most  of  rny  time.  Social  duties  and 
reading  nearly  all  the  residue.  Outside  of  these  "  The  Ameri- 
can Bible  Society  again  engaged  a  large  share  of  my  attention, 
and  during  the  months  of  February,  March,  and  April  took 
up  a  good  deal  of  my  time." 

A  strong  effort  was  made  to  overthrow  and  repeal  the  by- 
laws which  had  been  adopted  the  year  before,  as  I  have  already 
mentioned.  They  were  found  to  be  in  the  way  of  some  indi- 
viduals who  were  deriving  a  large  pecuniary  benefit  from  the 
business  and  operations  of  the  Society.  At  a  meeting  of  the 
Board  of  Managers  in  March,  a  motion  prevailed  to  refer  the 
whole  body  of  by-laws  to  a  special  committee  of  eight,  under 
an  avowal  by  the  mover  that  the  Society  did  not  need  a  full 
body  of  by-laws,  and  only  wanted  a  few  simple  regulations.  I 
was  on  the  committee,  and  fearing  this  unsound  and  danger- 
ous sentiment  might  prevail,  and  not  having  time,  nor  oppor- 
tunity to  confer  with  my  co-managers  and  acquaint  them  with 
the  facts  and  reasons  which  convinced  me,  that  the  by-laws 
already  adopted  ought  to  be  upheld  and  enforced,  I  wrote  a 
pamphlet  of  twenty-eight  octavo  pages — 


248  AUTOBIOGRAPHY 

"  Showing  (as  I  said  in  the  first  paragraph)  the  great  losses 
sustained  by  the  Society  for  the  last  eight  or  ten  years,  through 
the  defective  mode  of  arranging  and  conducting  its  business — also 
showing  the  necessity  and  importance  of  a  full  body  of  by-laws, 
prescribing  the  duties  of  the  officers  of  the  Society,  and  establish- 
ing an  orderly,  accurate,  systematic,  and  accountable  mode  of 
conducting  its  business — also  shoiuing  the  great  necessity  and  im- 
portance of  a  committee  on  printing  and  binding,  whose  sole  duty 
shall  be  to  take  charge  of  the  manufacturing  and  mechanical 
operations  of  the  Society — and  also  showing  the  necessity  and 
importance  of  separating  the  duties  of  assistant  treasurer  from 
those  of  the  general  agent  and  recording  secretary,  and  appointing 
a  competent  person  assistant  treasurer,  who  shall  give  the  usual 
bond,  with  sureties,  faithfully  to  discharge  his  duties,  and  truly  to 
account  for  all  money  he  receives." 

I  had  this  pamphlet  printed,  and  copies  handed  to  the 
members  of  the  special  committee  and  to  a  number  of  my  co- 
managers  of  the  Society.  It  excited  great  interest,  but 
effected  the  object  intended.  The  special  committee  reported 
back  the  by-laws  without  any  material  alteration,  and  upon  a 
report  drawn  by  me,  recommended  their  adoption.  After  full 
debate  they  were  adopted  by  the  Board  of  Managers.  They 
proved  of  great  service  to  the  Society,  and  led,  early  in  the 
following  year,  to  the  detection  of  a  misapplication  of  the 
funds  of  the  Society  by  one  of  its  principal  employees,  who 
was  the  efficient  actor  in  the  effort  to  overthrow  and  repeal 
them. 

In  the  forepart  of  the  month  of  May  this  year,  at  the 
request  of  my  kinsmen  in  Connecticut,  who  were  collecting 
materials  for  the  "Foote  Genealogy,"  published  in  1849,  I 
wrote  a  biographical  notice  of  my  deceased  brother,  Ebenezer. 
It  will  be  found  in  the  book  mentioned,  at  page  313.  As  this 
brother,  however,  stood  in  unusually  interesting  relations  to 
me  in  my  youth  and  early  manhood,  I  have  concluded  to  insert 
and  preserve  this  biographical  notice  among  the  "  Papers 
Written  by  me."  It  is  No.  32  of  those  papers. 

Not  approving  of  the  constitution  presented  this  year  to 


AND  COLLATERAL  REMINISCENCES.  249 

the  people  for  adoption,  I  wrote  a  short  article,  briefly  stating 
my  objections  to  it.  It  was  published  in  the  Commercial 
Advertiser  of  the  14th  of  October,  and  is  No.  33  of  "Papers 
Written  by  me." 

Experience  has  shown  that  my  objections  were  well 
founded,  especially  the  one  against  an  elective  judiciary. 

The  new  constitution  was  adopted  early  in  November.  It 
abolished  the  old  "  Court  for  the  Correction  of  Errors,"  and 
established  in  its  place  the  "  Court  of  Appeals."  The  last 
cause,  which  I  argued  in  the  old  court,  was  heard  on  the  24th 
of  November,  near  the  close  of  its  last  session.  On  completing 
my  argument,  I  delivered  a  brief  eulogistic  valedictory.  It 
was  well  received,  very  generally  published  in  the  papers  of 
this  state,  and  attracted  a  good  deal  of  attention.  It  was  writ- 
ten before  delivered,  and  is  No.  34  of  "  Papers  Written  by 
me." 

The  cause  of  colonization  received  some  attention  from  me. 
On  making  my  annual  contribution,  I  was  appointed  a  man- 
ager for  life  of  "  The  Colonization  Society  of  the  State  of  New 
York."  My  appointment  is  dated  the  9th  of  November,  1846. 

My  children  continued  to  receive  increased  attention  from 
me  this  year.  In  addition  to  their  religious  instruction,  and 
attention  to  their  secular  education,  I  spent  considerable  time 
talking,  walking,  and  playing  with  them,  especially  with  my 
two  oldest  boys.  I  played  drafts  frequently  in  the  evening 
with  John,  and  occasionally  with  Samuel  C.  Our  children 
were  scattered  again  this  summer.  Euphemia  and  Mary  went 
to  Geneva  early  in  May  with  their  uncle  and  aunt  Clark,  to 
pass  the  summer  with  them.  Near  the  end  of  June,  Samuel  C. 
went  to  Springfield,  to  pass  July  and  August  with  his  grand- 
mother and  aunt  Eliza.  On  the  1st  of  July,  John,  Alfred, 
Lawrence,  and  Eobert  E.  went  to  Geneva  with  their  mother 
and  me.  We  all  remained  there  till  the  7th  of  September, 
when  we  returned  to  the  city,  except  Euphemia.  She  did  not 
come  home  till  the  last  of  November,  when  her  uncle  and  aunt 
Clark  came  to  the  city  to  pass  the  winter  with  us,  as  they  had 
for  several  years  before. 


250  AUTOBIOGRAPHY 

My  health  was  not  good  during  nearly  the  whole  of  this 
year.  But  by  taking  a  cold  bath  early  iu  the  morning,  and 
rubbing  myself  briskly  eight  or  ten  minutes — riding  on  horse- 
back five  or  six  miles  before  breakfast,  and  strict  attention  to 
my  diet,  I  was  able  to  keep  myself  generally  in  condition  to 
attend  to  my  professional  and  other  duties  ;  occasionally,  how- 
ever, I  was  confined  for  a  few  days  to  my  house.  By  perse- 
vering in  this  treatment  of  myself,  my  health  improved  in  the 
latter  part  of  the  year,  and  to  such  an  extent  that  on  the  last 
day  of  the  year  I  wrote  in  my  diary  as  follows :  "For  one 
thing  especially  should  my  heart  glow  with  intense  gratitude 
to  my  Heavenly  Father,  and  that  is,  my  improved  health. 
He  has  answered  my  prayers  in  this  respect,  and  I  now  ordi- 
narily enjoy  good  health.  This  is  the  greatest  of  earthly  bless- 
ings, and  may  the  conferring  of  it  lead  me  to  love  and  adore 
continually  and  fervently  Him  who  granted  it." 

My  recreation  this  year  consisted  of  a  visit  of  a  couple  of 
days  near  the  close  of  April  at  Springfield,  as  I  say  in  my  diary 
"  To  see  Mrs.  Campbell  and  Eliza,  and  breathe  the  country 
air  " — of  a  visit  there  again  the  last  of  June  of  a  day  and  a 
half — of  rest  from  labor  at  Geneva  during  July,  August,  and 
the  first  week  in  September — of  a  visit  at  Springfield  of  a 
couple  of  days  near  the  end  of  September,  and  of  the  two  last 
days  but  one  of  the  year.  On  this  last  occasion  I  took  my 
three  eldest  boys  with  me,  to  give  them  as  well  as  myself  a 
skate  on  their  grandmother's  pond. 

While  at  Geneva,  Mr.  Clark  and  I  took  a  trip  with  his 
carriage  and  horses  of  some  six  or  eight  days  into  the  counties 
of  Yates  and  Steuben.  My  son,  John,  was  with  us.  We  rode 
leisurely,  fished  occasionally  for  trout,  called  on  some  of  my 
friends  and  acquaintances,  and  returned  down  our  lake, 
having  taken  passage  at  Watkins  for  ourselves,  carriage,  and 
horses. 

My  professional  engagements  took  me  from  the  city  only  a> 
few  times  this  year.  I  spent  ten  days  at  Albany  in  January, 
five  days  in  September,  and  twelve  days  in  November. 

While  at  Geneva  I  commenced  negotiations  for  the  pur- 


AND  COLLATERAL  REMINISCENCES.  251 

chase  of  the  house  and  land  there,  which  we  called,  after  we 
obtained  them,  Mullrose.*  After  my  return  to  the  city  and 
on  the  23d  of  September,  the  negotiations  terminated  in  a 
contract  of  purchase.  I  say  in  my  diary  of  that  day,  "  It  is  a 
pretty  establishment,  and  intended  by  me  and  Mrs.  Foot  as  a 
retreat  for  ourselves  by  and  by,  as  well  as  a  quiet  and  pleasant 
home  for  our  children."  The  deed  for  the  property  was 
delivered  to  me  on  my  birthday,  the  17th  of  December.  The 
entry  in  my  diary  is  in  these  words  :  "  I  received  my  deed  and 
consummated  my  purchase  of  the  place  at  Geneva,  the  des- 
tined future  home  of  myself  and  family.  It  is  a  singular 
coincidence  that  it  was  completed  on  my  birthday." 

I  have  frequently  mentioned  in  my  diary  among  the  tem- 
poral blessings  for  which  our  gratitude  was  due  to  our 
Heavenly  Father,  the  faithful  services  of  domestics  in  our 
employ.  We  were  always  highly  favored  in  this  respect,  and 
under  God  were  indebted  for  this  great  domestic  comfort,  to 
the  remarkable  tact,  judgment,  good  sense,  and  right  feelings, 
which  your  mother  always  displayed  in  her  intercourse  with 
her  household. 

This  year  Mary  McMullen  died.  She  lived  in  our  family 
as  cook  nearly  ten  years.  I  wrote  of  her  in  my  diary,  and 
most  truly,  thus  :  "  She  was  an  eminent  Christian,  and  dis- 
charged all  her  duties  faithfully.  She  is  doubtless  a  saint  in 
heaven." 

Some  extracts  from  my  diary  will  show  the  state  of  my 
religious  feelings  this  year,  and  my  progress,  if  any,  in 
holiness : 

January  1st,  Thursday. — "  I  begin  this  year  under  a  resolution, 
formed  in  the  presence  of  my  God,  and  to  keep  which  I  ask  His 
blessing,  to  live  nearer  to  Him  this  year  than  I  have  ever  done 
before,  and  also  to  be  more  deliberate  and  considerate  in  my  inter- 
course with  my  family  and  fellow-men." 

January  12th,  Monday.— "  Spent  my  Sabbath  yesterday  as 
usual.  My  interest  in  the  exercises  in  church  was  equal  to  what  it 

*  Mrs.  Foot  gave  our  place  this  name,  and  I  approved  aud  assented 


252  AUTOBIOGRAPHY 

generally  is,  and  I  hope  somewhat  greater.  With  God's  blessing, 
I  hope  to  enjoy  more  and  more  His  precious  Sabbaths,  and  delight 
more  and  more  in  the  duties  of  them." 

January  25th,  Sunday. — It  is  a  source  of  great  thankfulness 
that  prosperity  attends  me.  I  am  not  rapidly  accumulating  a  for- 
tune, nor  do  I  wish  to,  but  my  profession  yields  me  a  full  supply 
of  all  my  wants,  and  enables  me  gradually  to  add  to  my  property. 
God  is  indeed  merciful  to  me.  He  supplies  all  my  wants.  May 
my  soul  rejoice  in  Him  and  His  salvation." 

April  17th,  Friday. — "  Last  evening  attended  a  meeting  of  a 
committee,  and  of  the  Board  of  Managers  of  the  American  Bible 
society  A  new  and  revised  edition  of  the  by-laws  of  that  society, 
drawn  by  me,  were  adopted  by  the  committee,  and  afterwards  by 
the  Board  of  Managers.  I  thank  my  Heavenly  Father  for  carry- 
ing me  safely  through  this  difficult,  and  at  times  unhappy  matter, 
and  for  making  me  the  instrument  of  giving  the  society  a  good 
body  of  by-laws." 

Monday,  May  4th. — "Spent  my  Sabbath  yesterday  as  usual. 
My  Sabbaths  are  becoming  more  delightful  to  me — at  least,  so  it 
appears  to  me.  When  the  day  comes  I  rejoice,  and  all  its  duties 
are  agreeable  to  me.  Would  that  I  could  or  did  perform  them 
better  than  I  do." 

June  29th,  Monday. — "  Attended  prayer-meeting  last  evening, 
and  at  the  request  of  one  of  the  consistory  conducted  the  services. 
This  is  the  first  time  I  have  performed  such  a  duty,  and  hope  it 
was  acceptable  to  my  Heavenly  Father,  and  beneficial  to  the 
hearers." 

June  30th,  Tuesday.  On  leaving  home  with  Mrs.  Foot  and 
the  children  for  Geneva. — "  I  rejoice  and  am  thankful  that  a  kind 
Providence  enables  me  to  go  myself  and  take  my  family  to  so 
healthy  and  agreeable  a  place  as  Geneva  during  the  warm  season. 
His  goodness  and  mercy  continually  follow  me,  unworthy  as  I  am 
of  His  favors.  Oh  may  I  live  hereafter  more  in  accordance  with 
His  will  than  I  have  heretofore !  His  grace  alone  can  enable  me  to. 
Heavenly  Father,  give  me  grace  to  live  as  thy  child  in  Jesus,  and 
prepare  me  for  thy  holy  presence.  I  ask  it,  and  all  things,  in  the 
name  and  for  the  sake  of  thy  Son,  my  Redeemer." 

November  27th,  Friday. — "  Yesterday  was  Thanksgiving  day. 
I  endeavored  to  realize  the  true  spirit  with  which  the  day  should 


AND  COLLATERAL  REMINISCENCES.  253 

be  kept,  and  to  feel  truly  grateful  for  the  many  blessings  which 
have  been  bestowed  on  me  and  mine  during  the  past  year." 

December  15th,  Tuesday.—"  To-day  Mrs.  Foot  is  thirty-eight 
years  of  age,  and  the  return  of  her  birthday,  accompanied  by  the 
possession  of  full  health,  fills  me  with  thankfulness  to  my  Heavenly 
Father  for  sparing  her  life,  and  permitting  me  and  our  children  to 
enjoy  the  happiness  and  benefits  of  a  faithful,  intelligent,  and 
educated  Avife  and  mother." 

December  17th,  Thursday. — "  This  is  my  birthday.  I  am  fifty- 
six  years  old.  Another  year  has  been  added  to  my  life,  and  I  am 
one  year  nearer  the  judgment  of  my  God.  Oh,  what  a  solemn 
scene  that  will  be!  To  see  my  Heavenly  Father  face  to  face,  and 
know  Him  as  I  am  now  known.  Blessed  Saviour,  thou  only  canst 
sustain  me  in  that  trying  hour.  I  have  infinite  cause  of  thankful- 
ness for  being  permitted  to  see  this  day  in  the  enjoyment  of  health. 
A  year  since  my  health  was  poor,  and  my  constitution  seemed  to 
be  giving  way ;  but  now,  thanks  to  a  kind  Providence,  I  am  in  the 
enjoyment  of  good  health,  though  still  feeling  the  necessity  of  out- 
door exercise,  moderation  in  business,  and  caution  in  diet.  May 
my  soul  glow  with  holy  love  and  gratitude  for  the  many  blessings 
which  are  constantly  bestowed  on  me  and  mine." 

December  31st,  Thursday. — "These  lines  close  the  record  of 
another  year  of  my  life.  Still  I  am  obliged  to  say,  how  barren  of 
good  deeds !  how  far  short  in  the  discharge  of  duty !  how  far  below 
the  standard  of  a  Christian  life !  and  yet  I  hope  that  my  walk  is 
somewhat  more  closely  with  my  God  than  at  the  commencement 
of  the  year." 


1847. 

Most  of  my  time  this  year  was  occupied  very  differently 
from  that  of  any  previous  year. 

Your  mother  and  I,  after  full  consideration,  determined  to 
change  our  residence  from  New  York  to  Geneva.  The  princi- 
pal reasons  for  the  change  were— first,  to  relieve  me  from  the 
pressure  of  my  profession,  and  thus  restore  me  to  full  health, 
and  second,  to  give  our  children  room  and  opportunity  for 


254  AUTOBIOGRAPHY 

physical,  moral,  and  intellectual  development.  Having  at  the 
very  beginning  of  the  year  formed  this  determination,  I  pro- 
ceeded promptly  to  carry  it  into  execution.  I  sold  my  house 
in  the  city  on  the  13th  of  January,  or  rather  exchanged  it 
with  my  nephew,  Thomas  A.  Davies,  for  a  store  in  Beekman 
Street.*  On  the  19th  of  that  month,  I  left  the  city  for 
Geneva,  to  make  arrangements  for  alterations  and  additions  to 
our  house  there,  and  for  changing  the  location  of  the  out- 
houses and  erecting  additional  ones.  My  time  was  almost 
entirely  occupied  in  that  duty  till  the  10th  of  February,  when 
I  left  Geneva  for  the  city.  On  the  30th  of  March  I  went  again 
to  Geneva,  and  was  engaged  there  till  the  22d  of  April  in 
superintending  the  work  on  my  dwelling-house  and  out-houses, 
the  trimming  and  manuring  of  my  fruit  and  forest  trees,  the 
removing  and  erecting  of  fences,  purchasing  horses,  wagons — in 
short,  in  procuring  and  arranging  everything  required  to  ren- 
der my  garden  and  small  farm  productive,  and  our  residence 
convenient  and  pleasant.  I  returned  to  the  city  on  the  22d  of 
April. 

On  the  9th  of  April,  and  while  I  was  at  Geneva,  your 
mother  went  over  to  Springfield  to  remain  with  her  mother 
and  sister  through  the  spring.  She  took  two  of  the  children 
with  her,  Euphemia  and  Robert  Ebenezer.  A  few  days  sub- 
sequently, and  on  the  18th  of  that  month,  a  well-formed, 
healthy  son  was  given  us,  whom  we  afterwards  named 
Thomas. 

On  the  12th  of  May  I  left  the  city  and  our  former  resi- 
dence there  for  Geneva,  and  took  with  me  our  four  eldest  boys. 
Your  aunt  Euphemia  was  ill,  and  she  and  Mr.  Clark  could 
not  accompany  me  as  had  been  intended.  Your  aunt  Wilbur 
kindly  took  their  place  and  came  with  me. 

I  spent  the  summer,  with  the  exception  of  only  one  week, 
and  the  autumn  till  the  26th  of  October,  at  Geneva,  and 

*  It  was  thought  at  the  time  by  many  of  our  friends,  that  I  had  made 
an  unfortunate  bargain ;  but  the  result  (1869)  has  shown  that  it  was  a 
fortunate  one. 


AND  COLLATERAL  REMINISCENCES.  255 

almost  the  whole  of  that  time  was  occupied  in  preparing 
Mullrose  for  the  reception  of  my  family  and  establishing  them 
there.  In  the  month  of  June,  at  the  earnest  request  of  a 
client  in  the  city,  I  went  to  Detroit,  Mich.,  on  professional 
business,  and  was  gone  one  week.  This  prevented  me  from 
going  to  Springfield  for  your  mother  and  the  children  with 
her.  Your  uncle  Lawrence  kindly  took  my  place  and  went  for 
them.  They  arrived  at  Geneva  on  the  23d  of  June.  We 
were  thus  all  together  once  more,  but  not  yet  in  our  own 
house.  John  and  Samuel  C.  began  sleeping  at  Mullrose  on 
the  arrival  of  your  mother  and  the  children  with  her,  and  I 
slept  there  for  the  first  time  on  Saturday  night  the  14th  of 
August.  On  Monday  following  we  removed  from  your  uncle's 
at  Mile  Point  to  Mullrose,  and  dined  there.  That  was  our 
first  meal  in  our  new  home. 

This  change  of  our  residence  has  proved  a  most  fortunate 
and  happy  one,  as  the  subsequent  history  of  the  family  will 
show. 

Before  proceeding  to  give  an  account  of  my  life  at  Mullrose, 
I  will  go  back  to  the  beginning  of  the  year,  and  bring  up  my 
narrative  to  the  time  I  commenced  my  residence  there. 

On  New  Year  evening,  we  gave  a  family  party  with  a  few 
friends  added.  My  account  of  it  in  my  diary  is  as  follows  : 
"  They  assembled  at  about  8  o'clock.  We  had  supper  at  10, 
and  our  friends  left  at  about  11£  o'clock.  We  had  a  charm- 
ing evening.  Our  entertainment  was  without  wine  of  any 
kind.  This  is  the  first  time  we  have  adopted  that  course.  Its 
absence  was  not  missed— at  least,  appeared  not  to  be." 

My  time  in  the  city  before  removing  to  Geneva  was  passed 
in  general  as  it  had  been  in  previous  years ;  my  profession 
requiring  most  of  it,  social  duties,  reading,  and  attention  to 
my  children  nearly  all  the  rest.  I  had  to  give  some  time  to 
arrano-ements  for  changing  my  residence  ;  they,  however,  re- 
quired but  a  very  small  portion  of  it.  I  attended  regularly 
the  meetings  of  the  Board  of  Managers  of  the  Bible  Society. 
Of  the  meeting  held  on  Thursday  the  7th  rf  January,  I  made 
the  following  entry  in  my  diary:  "Afternoon  attended  a 


256  AUTOBIOGRAPHY 

meeting  of  the  Board  of  Managers  of  the  American  Bible 
Society.  Had  an  interesting  meeting.  The  last  of  the  meas- 
ures of  reform,  introduced  last  year  by  the  committee  of  which 
I  was  chairman,  was  carried  into  effect,  greatly  to  my  gratifi- 
cation." On  the  5th  of  May  I  declined  a  re-election  as  man- 
ager, because  unable  to  discharge  the  duties  of  the  trust  by 
reason  of  my  removal  from  the  city. 

While  at  Geneva  in  the  winter  and  spring,  I  visited  a  good 
deal  in  the  evenings  ;  my  friends  being  very  attentive  and  kind. 
When  there  in  the  winter,  I  lodged  with  my  friends,  Mr.  and 
Mrs.  William  N.  Clark. 

My  mother-in-law,  Mrs.  Samuel  Campbell,  died  suddenly 
at  Springfield,  N.  J.,  on  the  30th  of  July.  We  were  all 
deeply  afflicted,  and  especially  your  mother,  by  this  unex- 
pected bereavement.  Your  grandmother  was  an  intelligent, 
well-educated,  and  accomplished  old  lady.  She  was  a  kind, 
affectionate,  and  faithful  wife  and  mother,  and  to  her  many 
virtues  added  the  priceless  ornament  of  a  Christian  character 
and  spirit. 

After  we  occupied  Mullrose,  and  it  became  our  residence, 
there  was  considerable  work  to  be  done  to  put  the  place  in 
order.  This  required  my  attention  and  took  up  my  time  till 
early  in  October.  The  mechanics  and  workmen  were  not  dis- 
charged till  the  4th  of  that  month.  After  they  were  gone  I 
resumed  my  reading  and  professional  studies,  and  continued 
them  until  I  went  to  the  city  on  the  26th  of  October.  I 
lodged  in  the  city  with  my  nephew  in  my  former  residence, 
and  was  detained  there  till  the  26th  of  November,  engaged  in 
settling  the  estates  of  my  father  and  mother-in-law,  and 
attending  to  individual  and  professional  business — mainly  the 
latter.  After  my  return  from  the  city,  reading,  professional 
studies,  social  duties,  and  attention  to  the  children  occupied 
my  time. 

Your  mother  and  I  united  with  the  Reformed  church  in 
Geneva,  on  Sunday,  the  5th  of  December,  on  certificates  from 
the  Collegiate  Reformed  church  in  New  York.  Our  son 
Thomas  had  previously,  and  on  the  3d  of  September,  been 


AND  COLLATERAL  REMINISCENCES.  257 

baptized  by  the  Rev.  Dr.  Abeel,  the  pastor  of  the  Reformed 
church  at  Geneva. 

These  changes  of  residence  and  ecclesiastical  relations  did 
not  occur  without  frequent  communion  with  my  God  in 
thanks,  prayer,  and  praise. 

My  religious  exercises,  thoughts,  feelings,  and  duties  will 
appear  by  extracts  from  my  diary  : 

January  2d,  Saturday.  After  an  account  of  the  previous  day. 
— "  Thus  the  first  day  of  the  new  year  was  passed.  I  had  many 
delightful  seasons,  or  rather  moments  of  sweet  and  close  commun- 
ion, with  my  Heavenly  Father.  I  am  resolved  to  live  nearer  to 
Him,  and  pray  for  grace  to  do  so.  Oh,  give  me  thy  Spirit,  holy 
Being,  and  endue  me  plenteously  with  heavenly  graces.  I  ask  it 
for  my  dear  Redeemer's  sake/' 

January  4th,  Monday.  After  stating  the  manner  of  spending 
the  day  before. — "It  gives  me  real  joy  to  be  able  to  say,  that  the 
Sabbath  was  better  spent  than  usual.  I  was  less  carried  away  by 
worldly  thoughts  than  ordinarily,  though  still  far,  very  far,  below 
the  standard  of  Christian  duty.  With  God's  blessing,  I  hope  to 
pass  my  Sabbaths  more  and  more  in  accordance  with  His  will, 
until  I  enter  upon  the  heavenly  Sabbath  that  shall  have  no  end 
and  no  alloy." 

February  13th,  Saturday.  After  my  return  from  Geneva. — 
"While  at  Geneva  my  devotions  in  general  appeared  to  me  to  be 
purer,  and  more  earnest  than  heretofore — my  God  and  Saviour 
more  near  and  dear  to  me — my  communion  with  them  more  close 
and  holy.  Gracious  God,  accept  my  deep  and  sincere  thanks  for 
preserving  me  and  my  family  during  my  absence,  and  permitting 
me  to  join  them  in  health  and  peace.  Bless,  I  entreat  thee,  our 
contemplated  change  of  residence,  and  fit  me  and  mine  for  thy 
holy  presence." 

March  15th, Monday.— "Spent  my  Sabbath  yesterday  as  usual, 
but  I  think  I  can  say  better  than  I  generally  do.  The  sacrament 
of  the  Lord's  supper  was  administered,  and  greatly  enjoyed  by  me. 
It  is  the  last  occasion  of  that  kind  which  will  occur  while  Mrs. 
Foot  and  I  are  residents  of  New  York.  She  could  not  be  with 
me.  Her  health  would  not  permit  it.  My  soul  was  refreshed,  en- 
larged, and  brought  near  to  my  God  and  Saviour.  0  God,  may 
17 


258  AUTOBIOGRAPHY 

the  influence  of  this  communion  remain  with  me  for  life,  and  may 
I  live  nearer  and  nearer  to  thee,  as  I  approach  the  grave.  Com- 
munion with  my  Heavenly  Father  becomes,  as  I  believe,  more  and 
more  delightful  to  me,  and  gives  me  an  assurance,  which  I  hope  is 
not  fallacious,  of  some  growth  in  grace.  0  Lord,  make  me  thine 
own  in  Christ  Sanctify  me,  and  forgive  me  my  sins  for  His 
sake." 

May  3d,  Monday. — "  Spent  my  Sabbath  yesterday  as  usual,  but 
thanks  to  my  Heavenly  Father,  whose  Spirit  leadeth  me  in  all 
right  ways  in  which  I  go,  the  day  was  spent  better  than  any  Sab- 
bath within  my  recollection.  I  read  more,  held  more  frequent  and 
close  communion  with  my  God,  paid  better  attention,  had  fewer 
worldly  thoughts,  and  less  secular  conversation.  But  hi  the  even- 
ing had  more  secular  conversation  than  I  ought,  and  although  I 
tried,  I  could  not  lead  and  keep  conversation  on  topics  peculiar  to 
the  day.  After  all,  I  fell  far  short  of  the  true  standard  of  Chris- 
tian duty." 

May  12th,  "Wednesday.  The  day  I  left  my  former  residence  in 
New  York  for  Geneva. — "  Before  leaving  this  residence,  I  desire 
to  record  my  deep,  solemn,  and  earnest  thanks  to  my  Heavenly 
Father,  for  His  many,  very  many,  mercies  and  favors  bestowed  on 
me  while  I  have  occupied  it,  my  great  unworthiness  of  the  least  of 
them,  and  my  sincere  and  earnest  prayer  that  He  will  watch  over 
me  and  mine  on  our  contemplated  journey,  be  with  us  in  our  new 
residence,  and  continue  to  grant  unto  us,  and  to  me,  a  guilty 
sinner,  His  mercies  and  favors,  and  especially  to  give  me  a  clean 
heart  and  renew  within  me  a  right  spirit.  Gracious  God,  I  com- 
mit myself  and  mine  to  thy  holy  keeping.  Forgive  my  many  and 
heinous  sins,  and  accept  of  me,  for  Christ's  sake." 

August  14th,  Saturday  Evening.  The  night  of  that  day  being 
first  time  I  slept  at  Mullrose. — "  My  first  duty,  and  I  rejoice  to  be 
able  to  say,  the  first  impulse  of  my  heart,  is  to  thank  my  Heavenly 
Father  for  this  delightful  residence,  for  preserving  me  and  mine 
since  we  left  our  former  dwelling  in  New  York,  for  giving  Mrs. 
Foot,  myself,  and  our  children  the  blessing  of  health  during  all 
this  period,  and  bringing  all  things  together  for  my  good.  I  pray 
that  He  will  protect  me  and  mine  during  the  night,  that  I  may 
rest  in  peace  and  awake  in  health.  I  ask  these  and  all  things  in 
Jthe  name  and  for  the  sake  of  my  blessed  Saviour,  Jesus  Christ." 


AND  COLLATERAL  REMINISCENCES.  259 

August  17th,  Tuesday.  The  day  following  the  removal  of  my 
family  to  Mullrose,  and  after  an  account  of  that  removal. — "I 
thank  my  Heavenly  Father  for  permitting  me  to  assemble  my 
family  again  in  my  own  dwelling.  We  had  family  prayers  at  8£ 
o'clock  P.M.  The  whole  family  was  present.  I  resumed  yesterday 
my  reading  in  Scott's  Bible,  and  am  most  thankful  to  be  able  to 
do  so." 

August  18th,  Wednesday. — "  Yesterday  morning  I  may  say  as 
usual.  Had  my  private  devotions,  wrote  my  diary,  heard  my  eld- 
est sons  repeat  their  verses  in  the  Bible,  had  family  devotions,  and 
read  in  Scott's  Bible  a  chapter  and  part  of  the  notes  to  it" 

While  I  mention  in  this  entry  in  my  diary  that  I  heard 
my  eldest  boys  repeat  their  verses,  I  should  mention,  that  as 
my  children,  daughters  and  sons,  advanced  so  as  to  be  able  to 
learn  verses  in  the  Bible,  they  learned  and  repeated  them  to 
me  in  the  morning,  and  to  their  mother  when  I  was  absent, 
and  until  they  respectively  reached  fifteen  years  of  age — and 
as  soon  as  my  sons  were  old  enough  to  learn  and  repeat  the 
Lord's  prayer,  one  of  them  opened  in  turn  our  morning  devo- 
tions by  repeating  that  prayer.  This  was  followed  by  an  ex- 
temporaneous prayer  from  me  if  I  was  present,  and  if  absent, 
by  a  prayer  from  their  mother,  who  used  a  form  when  she  con- 
ducted the  family  devotions,  which  she  always  did  in  my 
absence. 

Thursday,  September  23d. — I  find  by  an  entry  in  my  diary 
under  this  date,  that  I  determined  to  add  to  my  morning 
duties,  the  spending  of  some  time  each  morning,  when  the 
weather  would  permit,  in  superintending  and  assisting  in  the 
feeding  of  the  animals  on  my  place,  and  giving  directions  for 
the  work  of  the  day.  This  duty  I  have  generally  performed 
from  that  time  to  the  present  (1869). 

December  6th,  Monday.— « Spent  my  Sabbath  yesterday  as 
usual.  The  sacrament  of  the  Lord's  supper  was  administered.  At 
this  communion  Mrs.  Foot  and  I  united  with  the  Eeformed 
church  of  this  village  on  certificate  from  the  Collegiate  Reformed 
church  of  New  York.  One  of  our  family,  a  nurse,  at  the  same 
time  united  with  the  church  on  confession." 


260  AUTOBIOGRAPHY 

December  17th,  Friday. — "This  is  my  birthday.  The  Lord 
has  spared  me  for  another  year,  and  during  it  a  great  change  has 
been  made  in  my  domestic  arrangements,  which  has  been  already 
recorded  in  my  diary.  My  health  has  been  very  good  during  the 
greater  part  of  the  year,  and  general  prosperity  has  attended  me. 
The  goodness  and  mercy  of  my  God  follow  me  continually,  and 
my  soul  ought  to  glow  constantly  with  holy  love  and  gratitude. 
But  I  am  still  far  from  Him.  The  trifles  of  the  world  occupy  far 
too  many  of  my  thoughts  and  affections.  The  attention  which  a 
change  of  residence  has  obliged  me  to  give  to  domestic  matters  has 
more  than  usually  led  me  into  secular  thoughts.  Since  my 
arrangements  are  now  made,  I  hope  to  live  nearer  to  my  God.  Oh 
may  I  be  prepared  to  meet  my  Saviour  on  His  throne  of  judgment. 
Heavenly  Father,  fill  me  with  thy  Spirit,  sanctify  my  soul,  and  fit 
me  for  heaven.  I  ask  all  for  Christ's  sake  and  in  His  name." 

January  1st,  1848,  Saturday.  Containing  an  account  of  the 
previous  day. — "  Thus  another  year  of  my  life  has  been  spent. 
How  full  the  record  of  it  is  of  my  deficiencies.  0  God,  have  mercy 
on  me,  and  forgive  me  my  sins,  for  Christ's  sake.  Help  me  to  live 
hereafter  more  in  accordance  with  thy  holy  will." 


1848. 

Nearly  ten  months  of  this  year  were  passed  at  Geneva ; 
the  rest  of  it,  at  the  East,  mainly  at  Albany  and  New  York. 
My  profession  occupied  only  a  small  portion  of  my  time  while 
at  Geneva.  The  principal  part  of  it,  indeed  almost  the  whole 
of  it,  was  consumed  in  social  duties  and  enjoyments — reading, 
riding  with  your  mother,  our  children  and  relatives,  and  in 
domestic  matters.  By  these  I  mean  providing  for  my  family, 
and  improving  and  cultivating  Mullrose.  Our  children  also 
required  and  received  a  portion,  though  comparatively  a  small 
portion,  of  my  time.  I  often  assisted  my  two  oldest  boys  in 
their  Latin  lessons.  In  April  and  May  we  planted  227  trees. 
They  were  mostly  forest  trees  and  evergreens.  We  also 
planted  a  considerable  number  of  ornamental  shrubs. 

On  the  4th  of  July  I  made  the  following  entry  in  my 


AND  COLLATERAL  REMINISCENCES.  261 

diary  :  "  My  place  being  now  mainly  in  order,  and  in  a  condi- 
tion to  cultivate,  it  is  my  intention  hereafter  to  be  more  regu- 
lar in  my  hours  of  study  and  reading,  and  more  attentive  to 
the  education  of  my  children." 

This  year  your  uncle  Lawrence  and  I  built  the  boat-house, 
which  we  used  in  common  while  he  resided  in  Geneva,  and  of 
which  I  am  now  (1869)  the  sole  owner.  My  beautiful  White- 
hall boat,  which  we  all  used  and  enjoyed  so  much  for  19 
years,  arrived  from  New  York  on  the  30th  of  July. 

George  was  born  on  the  17th  of  July,  and  baptized  on  the 
1st  of  September. 

I  delivered  only  one  public  address  this  year.  That  was  a 
speech  at  a  political  meeting,  held  at  the  village  of  Phelps, 
then  called  Vienna,  on  the  afternoon  of  the  31st  of  August. 
The  object  of  it  was  to  advance  the  Whig  cause,  and  promote 
the  election  of  General  Taylor  as  President  of  the  United 
States.  It  was  not  written  out,  and  I  have  preserved  only 
brief  heads  of  it.  My  notice  of  it  in  my  diary  is  in  these 
words  :  "  I  made  a  plain  practical  speech  to  a  body  of  intelli- 
gent and  practical  farmers." 

My  absences  this  year  from  Geneva  on  professional  business 
were  the  following :  From  the  15th  of  March  to  the  6th  of 
April  at  New  Jork,  and  again  from  the  21st  to  the  28th  May 
—from  the  5th  to  the  24th  of  September  at  Albany  and  New 
York— from  the  2d  to  the  20th  of  October  at  Newburg,  New 
York,  and  Albany,  and  from  the  10th  to  the  14th  of  Decem- 
ber at  Penn  Yan.  On  each  of  these  occasions  I  was  engaged 
in  the  argument  or  trial  of  important  causes,  and  when  not 
occupied  in  court  spent  most  of  my  time  in  social  intercourse. 

I  will  now  give  some  account  of  my  religious  reading, 
exercise,  and  spiritual  condition  and  progress  during  the  year, 
and  mainly  in  extracts  from  my  diary  : 

August  26,  Saturday.— "Yesterday  morning  as  usual,  and  com- 
pleted the  reading  of  Scott's  Bible.  I  began  this  work  several 
years  since,  and  it  has  been  my  daily  and  morning  reading  since 
that  time.  I  have  read  all  Scott's  Notes  and  Observations  in  con- 
nection  with  the  text.  My  course  has  been  to  read  the  chapter 


262  AUTOBIOGRAPHY 

through,  and  then  the  verses  in  connection  with  each  note,  or 
rather  upon  which  the  note  was  made.  I  trust  this  course  of 
reading  has  been  blessed  to  me,  though  on  looking  back  I  find 
much  to  grieve  me  and  sorrow  over.  My  thoughts  have  often 
wandered  away  on  to  secular  subjects,  when  they  should  have  been 
intent  upon  the  topics  concerning  which  I  was  reading.  Often 
listlessness  and  indifference  prevailed,  when  anxiety  and  earnest- 
ness should  have  characterized  my  reading.  Many  times  inadequate 
reasons  have  induced  me  to  omit  my  reading  for  the  day — in 
short,  the  whole  duty  of  reading  God's  Word  with  the  Notes  and 
Observations  of  this  most  pious  and  learned  man  has  been 
imperfectly  performed.  Heavenly  Father,  forgive  these  shortcom- 
ings of  duty  for  Christ's  sake,  and  if  consistent  with  thy  holy 
will,  may  the  course  of  reading  just  completed  prove  profitable  to 
my  soul." 

August  27th,  Sunday. — "  Yesterday  morning  as  usual,  except 
my  customary  reading,  as  I  had  not  yet  determined  what  it  should 
be.  As  I  have  read  the  Bible  once  through  with  Notes  and  Obser- 
vations, I  intend  now  to  read  it  through  without  them,  and  to 
commence  this  day.  Gracious  God,  bless  the  reading  of  it  to  the 
profit  of  my  soul,  and  if  agreeable  to  thy  will,  spare  my  life,  that  I 
may  accomplish  it,  and  be  an  instrument  in  thy  hands  to  promote 
the  good,  spiritual  and  temporal,  of  my  fellow-men." 

Monday,  August  28th. — "  Spent  my  Sabbath  yesterday  as 
usual.  *  *  *  Began  the  reading  of  the  Bible  in  course,  and 
read  the  two  first  chapters." 

January  1st,  Saturday. — "  This  year  is  commenced  under  most 
happy  auspices.  I  have  every  comfort  around  me  that  man  can 
reasonably  desire.  My  heart  should  glow  with  holy  love  and 
gratitude  to  the  Giver  of  every  good  and  perfect  gift;  and  with 
His  blessing,  I  hope  to  live  hereafter  nearer  to  Him." 

April  17th,  Monday. — "Spent  my  Sabbath  yesterday  as  usual, 
and  better  than  I  did  my  last  one,  though  far  from  as  well  as  it 
ought  to  have  been.  Oh,  when  shall  I  be  able  to  pass  one  Sabbath 
on  earth  as  it  ought  to  be !  Never,  I  fear." 

May  7th,  Sunday. — "  Last  evening  was  delightful,  and  we  passed 
it  on  the  piazza.  There  came  a  shower  just  after  we  had  finished 
the  work  of  the  week,  and  just  in  time  for  the  work  done.  How 


AND  COLLATERAL  REMINISCENCES.  263 

kind  is  my  Heavenly  Father  in  all  His  dealings  with  me !  Oh 
that  my  heart  was  fuU  of  holy  affection  for  Him ! " 

June  5th,  Monday. — "  Spent  my  Sabbath  yesterday  as  usual. 
The  sacrament  of  the  Lord's  supper  was  administered  in  our 
church,  and  I  was  able  to  enjoy  it.  My  soul  was  engaged  in  the 
ordinance  and  refreshed  by  it.  Still  there  were  many  things  to 
sorrow  for.  Oh  that  I  may  be  renewed  in  the  image  of  my 
Heavenly  Father,  and  fitted  for  His  presence ! " 

July  9th,  Sunday.—"  Yesterday  dismissed  all  my  extra  labor- 
ers, my  place  being  generally  in  order.  For  it  I  thank  the  Giver 
of  every  good  and  perfect  gift." 

July  17th,  Monday.  The  day  George  was  born. — "  He  is  per- 
fect in  his  form,  and  appears  to  have  all  his  faculties.  For  this  I 
thank  my  Heavenly  Father,  and  pray  that  the  child  may  be 
brought  up  in  His  fear  and  to  His  glory." 

July  28th,  Friday.  The  day  my  wheat  was  thrashed. — "I 
have  a  large  yield  of  wheat,  viz.,  123  bushels  from  4  acres.  All 
my  crops  are  promising,  for  which,  gracious  God,  I  thank  thee, 
who  art  the  Giver  of  every  good  and  perfect  gift." 

August  15th,  Tuesday. — "Alfred  was  considerably  hurt  yester- 
day morning,  in  falling  from  the  butcher's  wagon,  and  in  great 
peril.  Gracious  God,  I  thank  thee  for  preserving  him  from  serious 
injury." 

November  23d,  Thursday.  Thanksgiving  day. — "Not  only  in 
discharge  of  a  duty  owing  to  my  Heavenly  Father,  but  in  accor- 
dance with  a  wish  which  I  trust  is  earnest  and  warm,  I  desire  to 
record  my  deep  and  solemn  thanks  to  a  Bountiful  Providence  for 
the  great  abundance  of  the  good  things  of  this  world  which  He 
has  vouchsafed  to  me  and  mine  during  the  past  year,  and  especi- 
ally for  the  full  health  which  Mrs.  Foot,  myself,  our  children,  and 
family  have  enjoyed — for  a  continuance  of  our  spiritual  privileges 
and  the  priceless  blessings  thereby  conferred.  Gracious  God,  con- 
tinue to  us  these  blessings,  spiritual  and  temporal,  if  consistent 
with  thy  holy  will.  I  ask  it  for  Christ's  sake." 


264  AUTOBIOGRAPHY 


1849. 

This  year  was  passed  mainly  as  the  previous  one  was,  but 
differently,  however,  in  several  particulars.  I  spent  less  time 
at  Geneva.  Only  about  eight  months  instead  of  ten  were 
passed  there.  My  profession  also  occupied  a  much  larger  por- 
tion of  my  time,  and  I  took  this  year  two  journeys,  and  spent 
several  weeks  in  visiting  my  relatives  at  Ogdensburg  and  the 
East.  "While  at  Geneva  my  time  was  occupied  in  professional 
business  and  studies,  social  duties,  reading,  attention  to  my 
children,  and  domestic  matters.  In  August  and  September  I 
planned  and  superintended  the  building  of  the  conservatory. 
This  took  a  portion  of  my  time  for  several  weeks.  Besides 
instructing  my  children,  and  aiding  them  in  their  studies,  I 
spent  considerable  time  with  them  in  amusements,  such  as 
hunting,  fishing,  riding,  rowing  on  the  lake,  and  playing  chess, 
drafts,  and  backgammon.  Quite  frequently  during  the  spring, 
summer,  and  autumn,  and  when  I  felt  the  want  of  exercise,  I 
worked  half  a  day  in  the  field  or  garden. 

My  professional  engagements  were  of  a  high  grade.  I 
argued  a  number  of  important  causes  in  the  Court  of  Appeals. 
My  preparation  for  these  arguments  was  made  in  my  library 
at  Geneva.  Clients,  too,  at  Geneva  and  in  the  vicinity,  fre- 
quently called  upon  me  for  advice  and  opinions  in  matters  of 
more  than  ordinary  importance. 

While  away  from  Geneva  I  wrote  constantly,  and  nearly, 
if  not  quite,  as  often  as  every  other  day  to  your  mother,  or  some 
one  of  the  children,  and  frequently  my  letters  covered  two 
sheets  of  paper. 

Some  opportunities  were  afforded  me  this  year  of  doing 
something  outside  of  my  profession  for  the  good  of  others. 
While  at  Albany  in  January  attending  the  Court  of  Appeals, 
I  became  a  member  of  the  New  York  State  Agricultural 
Society,  and  attended  a  meeting  of  that  Society,  held  at  the 
Capitol,  on  the  18th  of  that  month,  and  took  a  part  in  its 
proceedings.  I  offered  a  resolution,  that  an  application  be 


AND  COLLATERAL  REMINISCENCES.  265 

made  to  the  Legislature  of  the  state  for  the  publication  of  a 
new  edition  of  the  "  Natural  History  of  the  State,"  to  be  dis- 
posed of  at  cost  to  the  citizens  of  the  state.  The  resolution 
was  well  received  and  unanimously  adopted.  The  measure 
was  favorably  noticed,  and  I  was  complimented  in  the  Albany 
Express.* 

A  public  meeting  was  held  at  Geneva  on  the  4th  of  July, 
"To  consider  the  subject  of  the  recognition  by  the  Govern- 
ment of  the  United  States  of  the  Republic  of  Liberia  as 
an  independent  nation."  At  the  meeting  I  made  a  brief 
address,  and  offered  a  series  of  resolutions,  which  I  had  drawn 
the  day  before.  They  were  adopted,  and  are  No.  35  of  "  Pa- 
pers Written  by  me."  The  proceedings  of  the  meeting  and 
the  resolutions  in  full  were  published  in  the  papers  of  Geneva, 
and  in  the  African  Repository  of  October,  1850. 

At  a  meeting  of  the  friends  of  Temperance  held  at  Geneva 
on  the  24th  of  August,  an  association  was  formed  to  promote  the 
cause  of  Temperance,  called  the  "  Seneca  Temperance  League." 
A  constitution  and  by-laws  were  adopted.  I  was  elected  Presi- 
dent of  the  League,  and  made  an  address,  which  appeared  to 
be  well  received.  The  proceedings  of  the  meeting  were  pub- 
lished, and  I  was  reported  to  have  "  eloquently  addressed  the 
League  "  on  being  conducted  to  the  chair.  The  League  met 

*  From  Albany  Express  of  25th  January,  1849  : 

We  notice  in  the  proceedings  of  the  State  Agricultural  Society  of 
Thursday  evening,  a  motion  was  made  by  Samuel  A.  Foot,  Esq.,  formerly 
of  New  York,  to  petition  the  Legislature  for  the  publication  of  a  new 
edition  of  the  "  Natural  History  of  the  State,"  to  le  disposed  of  at  cost  to 
our  own  citizens.  The  suggestion  is  a  timely  one,  and  will  probably  meet 
with  a  ready  concurrence.  Mr.  Foot,  whose  name  as  a  lawyer  of  distin- 
guished reputation  is  familiar  to  all,  we  are  happy  to  see,  having  retired 
from  the  more  active  business  of  the  profession,  is  quietly  devoting  him- 
self to  agricultural  pursuits,  and  in  the  interim  of  professional  employ- 
ment, occupying  his  attention  with  the  science  of  agriculture.  Since 
leaving  New  York,  he  resides  on  his  farm  at  Geneva.  As  a  man  of  dis- 
tinguished ability  and  straightforward,  honorable  dealing,  Mr.  F.  ranks 
deservedly  high ;  it  is  the  more  gratifying,  therefore,  to  find  him  active 
in  a  business  of  such  general  interest  to  the  state. 


266  AUTOBIOGRAPHY 

weekly  during  the  year.  I  generally  attended  and  presided, 
and  often  made  a  brief  address. 

On  Sunday  the  llth  of  November,  1  attended  the  Sunday- 
school  of  our  church,  and  undertook  the  instruction  of  a  class. 
I  say  in  my  diary  that  "  I  deemed  it  my  duty  to  do  this,  as 
our  pastor  had  left  us."  On  Christmas  day,  I  addressed  the 
children,  and  presented  some  books  to  the  school,  which  were 
distributed  as  rewards  to  the  deserving. 

William  was  born  on  the  25th  of  September. 

My  absences  from  Geneva  on  professional  business  were 
the  following : — From  the  9th  to  the  30th  of  January  at 
Albany,  to  attend  the  Court  of  Appeals — from  the  26th  of 
April  to  the  1st  of  June  at  New  York,  to  attend  the  same 
court,  which  sat  at  Brooklyn— from  the  9th  to  the  28th  of 
July  at  Norwich,  Chenango  County,  to  attend  the  same  court 
— and  from  the  4th  to  the  18th  of  October  at  Buffalo,  to 
attend  the  same  court. 

When  I  went  to  New  York  on  the  26th  of  April,  I  took 
Samuel  C.  with  me,  and  while  there  made  a  visit  of  a 
couple  of  days  to  your  aunt  Eliza  at  Springfield,  and  of 
several  days  to  Mr.  and  Mrs.  Cornell  at  Weston,  N.  J.  On 
each  of  the  occasions,  when  attending  the  Court  of  Appeals,  I 
had  a  good  deal  of  time  for  reading  and  social  enjoyments,  as 
my  preparation  for  my  arguments  was  made  before  leaving 
home  ;  and  while  at  Buffalo,  went  to  the  Falls  with  Judge 
and  Mrs.  Cady  to  see  the  Suspension  Bridge. 

Early  in  February  I  went  to  Ogdensburg,  to  meet  and  visit 
my  four  surviving  sisters,  who  had  met  there  for  a  family 
union.  We  passed  several  days  together  and  one  Sabbath. 
On  that  day  we  all  partook  of  the  sacrament  of  the  Lord's 
supper  in  the  Presbyterian  church.  This  was  our  last  meeting 
in  this  world.  My  sisters  have  all  since  died,  and  I  am  now 
(1869)  the  only  survivor.  They  were  earnest  Christians,  and 
each  one  died  calmly  and  happily. 

On  the  21st  of  November,  I  went  to  the  city  and  took 
John  with  me.  The  object  of  the  journey  was  mainly  to  visit 
our  relatives  at  the  East,  though  I  had  some  individual  busi- 


AND  COLLATERAL  REMINISCENCES.  267 

ness  in  the  city,  which  required  my  attention.  We  did  not 
return  home  till  the  15th  of  December.  While  absent  we 
made  a  visit  to  your  aunt  Eliza  at  Springfield,  and  to  Mr.  and 
Mrs.  Cornell  at  Weston,  N.  J.  ;  also  to  my  nephew,  Hubert 
Scovill,  and  his  family,  at  Watertown,  Connecticut.  We 
spent  several  days  and  ate  our  Thanksgiving  dinner  with 
them.  This  was  on  the  spot  where  I  was  born,  and  the  first 
Thanksgiving  dinner  eaten  there,  according  to  my  best  present 
recollection,  since  I  left  it,  in  1805.  On  our  return  we  stopped 
a  couple  of  days  in  Albany  to  visit  my  nephew,  James 
Edwards,  and  his  family,  and  other  relatives  in  that  city. 

An  account  of  my  religious  duties  and  exercises,  as  re- 
corded in  my  diary,  will  complete  my  history  for  the  year 
1849: 

February  26th,  Monday.  After  mentioning  that  I  attended 
church  forenoon  and  afternoon. — "  Was  able  to  give  better  atten- 
tion than  I  often  do.  Bead  rather  more  in  the  course  of  the  day 
than  I  generally  do.  Would  that  I  could  withdraw  my  thoughts 
from  the  world,  and  give  them,  up  to  my  God.  Oh  could  I  realize 
the  object  of  my  creation,  viz.,  to  glorify  God,  what  a  different 
life  (spiritually  at  least)  should  I  live ! " 

April  14th,  Saturday. — "  My  house  took  fire  yesterday,  and  in 
putting  it  out  my  hands  were  badly  burned.  My  house  came  near 
being  destroyed.  A  merciful  Providence  alone  saved  it.  0  God, 
I  render  sincere  and  hearty  thanks  to  thee  for  sparing  my  dwell- 
ing from  the  devouring  element." 

June  1st,  Friday.  After  my  return  from  New  York. — "I 
thank  my  Heavenly  Father  for  preserving  me  and  my  family  dur- 
ing my  absence,  and  permitting  us  to  meet  again  in  health  and 
happiness.  Gracious  God,  take  us  all  into  thy  kind  keeping,  and 
prepare  us  for  the  duties  of  this  life,  and  for  thy  holy  presence 
after  death.  I  ask  it  and  all  things  for  Christ's  sake." 

June  4th,  Monday.— "Spent  my  Sabbath  yesterday  as  usual. 
The  Lord's  supper  was  administered  in  the  forenoon,  and  I  hope 
to  my  spiritual  profit.  It  seems  as  if  my  progress  in  spiritual 
things  was  very  slow,  if,  indeed,  it  does  not  recede.  Gracious  God 
be  merciful  to  me,  and  fill  me  with  thy  Spirit." 

September  25th,  Tuesday.      After  mentioning  the  birth  of 


268  AUTOBIOSRAPHY 

William,  wlio  was  our  seventh  son  in  succession  and  eleventh 
child,  and  that  he  was  a  healthy  and  well-formed  boy,  I  add : — 
"Gracious  God,  I  thank  thee  for  this  renewed  evidence  of  thy 
favor.  May  this  child  be  spared  and  brought  up  in  thy  fear  and 
to  thy  glory.  Spare  and  restore  the  mother  to  health,  and  let  thy 
blessing  rest  upon  all  the  children  thou  hast  given  us,  and  upon 
us  the  parents.  I  ask  it  for  Christ's  sake." 

December  15th,  Saturday. — "This  day  is  Mrs.  Foot's  birthday. 
She  enters  upon  her  forty-second  year.  I  thank  thee,  Heavenly 
Father,  for  sparing  her  life,  and  giving  to  her  improved  health. 
Oh  continue  thy  favor  towards  her,  and  bless  her,  for  her  dear 
Redeemer's  sake." 

December  17th,  Monday. — "  This  is  my  birthday.  I  am  fifty- 
nine  years  of  age,  and  enter  upon  my  sixtieth  year.  My  health  is 
good  and  my  faculties  in  full  action.  I  feel  no  approach  of  age, 
and  am  as  active  in  mind  and  body  as  at  twenty -five.  Gracious 
God !  how  merciful  have  been  all  thy  dealings  with  me  from  my 
youth  upward !  Pardon  my  numerous  sins,  and  continue  thy 
favor  towards  me.  I  ask  it  for  Christ's  sake." 

The  preceding  extracts  from  my  diary  do  not  exhibit  the 
earnestness  of  the  efforts  of  your  mother  and  myself  to  lead 
your  thoughts  and  feelings  heavenward,  nor  the  fervidness  and 
frequency  of  our  prayers  for  your  conversion,  nor  the  many 
consultations  we  held  together  to  promote  your  spiritual  wel- 
fare. The  only  record  of  these  which  remains  is  in  our  corre- 
spondence, and  in  their  fruits  as  exhibited  in  the  fact,  that  all 
our  children,  save  one,  now  (1869)  in  life,  being  ten  in  num- 
ber, are  professing  Christians  and  members  of  orthodox 
churches. 

I  will  give  an  extract  from  one  of  my  letters  to  your 
mother,  written  while  attending  court  at  Norwich,  and  dated 
the  23d  of  July,  1849: 

"  I  have  been  reading  within  a  few  days  past  when  not  engaged 
in  court,  the  life  of  the  second  Mrs.  Judson,  written  by  her  suc- 
cessor, formerly  Miss  Chubbuck,  a  distinguished  teacher  at  Utica, 
and  authoress  of  many  interesting  publications  under  the  name  of 
Fanny  Forrester.  The  second  Mrs.  Judson  was  Sarah  Hall,  and 


AND  COLLATERAL  REMINISCENCES.  269 

widow  of  the  deceased  missionary  Boardman,  when  she  married 
Mr.  Judson.  She  was  a  lady  of  great  talents  and  good  education, 
and  far  more  interesting  as  a  female  than  her  predecessor.  While 
reading  the  life  of  this  lady,  I  was  reminded  often,  very  often,  of 
you,  dear  Jane.  Mrs.  Judson  excelled  as  a  mother  and  wife.  In 
these  relations  of  life  she  was  indeed  a  shining  light.  Her  talents, 
education,  agreeable  person,  feminine  delicacy,  retiring  manners, 
domestic  disposition,  and  warm  affections  were  all  purified,  ele- 
vated, and  perfected  by  a  piety  and  devotion  almost  unexampled. 
Charming  and  excellent  as  is  her  character,  yet  in  one  respect,  my 
dear  wife,  I  think  you  excel  her,  and  that  is,  as  a  mother  in  the 
management  of  your  children.  Mrs.  Judson  wanted  to  do  too 
much.  She  was  not  willing  to  leave  the  bud  to  open  of  itself,  and 
reach  naturally  its  full  bloom.  She  wanted  to  make  it  something 
more  than  it  would  become  of  itself,  under  judicious  culture  and 
watchful  care  to  protect  it  against  deleterious  influences.  Over- 
action  in  the  training  of  children  is  probably  as  injudicious  as  a 
want  of  reasonable  care.  *  *  *  Your  hours  of  devotion  are 
doubtless  unchanged.  I  often  think  of  you  and  the  children  when 
thus  employed,  and  try  to  join  in  spirit,  though  distant  in  body. 
*  *  *  What  a  glorious  and  beautiful  result  of  our  union  in 
this  world  will  be  our  union  in  heaven,  with  a  company  of  immor- 
tal spirits  brought  into  being  and  trained  for  the  presence  of  God 
by  our  instrumentality.  How  indescribably  joyful  will  be  the 
meeting  of  parents  and  children  around  the  judgment-seat,  assured 
of  the  approving  sentence  of  the  Final  Judge !  and  how  joyful  be- 
yond all  conception,  the  hearing  of  the  sentence,  and  withdrawing 
together  from  His  presence  to  dwell  together  through  eternity  in 
those  mansions  of  rest  He  has  prepared  for  those  who  love  Him !" 


185O. 

This  year  was  passed  at  Geneva  with  comparatively  short 
absences,  the  longest  not  exceeding  twelve  days.  Some  of 
them  were  on  professional  business,  the  others  for  various 
objects  which  will  be  mentioned  in  my  account  of  the  year. 
Those  on  professional  business  were— ten  days  at  Albany  in 


270  AUTOBIOGBAPHY 

the  forepart  of  January,  attending  the  Court  of  Appeals — 
seven  days  at  the  end  of  the  month  at  Rochester,  hearing  a 
cause  as  referee — twelve  days  at  New  York  in  May,  on  various 
professional  duties,  and  five  days  at  Canandaigua  in  Septem- 
ber, hearing  a  cause  as  referee.  My  time  at  Geneva  was  divid- 
ed between  professional  business  and  studies,  reading,  domes- 
tic matters,  and  social  duties  and  enjoyments,  with  only  two 
exceptions.  Near  the  close  of  the  previous  year,  I  accepted  an 
invitation  from  "  The  Young  Men's  Association  of  Buffalo," 
to  deliver  a  lecture  in  that  city  on  some  early  day  of  this  year, 
when  convenient  for  me.  I  devoted  considerable  time  in 
January  and  February  to  the  preparation  of  this  lecture,  and 
on  the  26th  of  February  went  to  Buffalo  and  delivered  it.  It 
was  well  received,  and  a  copy  asked  for  publication,  which  I 
declined.  I  delivered  this  lecture  again  before  the  young  men 
of  Geneva  in  February,  1853,  and  read  it  before  "  The  Geneva 
Literary  Association"  in  December,  1861.  It  is  No.  36  of 
"  Papers  Written  by  me."  It  did  some  good.  A  gentleman, 
who  heard  it  at  Buffalo,  wrote  to  me  in  December,  1851,  and 
asked  for  a  copy  of  it.*  When  re-delivered  at  Geneva,  it  was 
again  well  received,  and  favorably  noticed  in  the  village 
papers.f 

Early  in  March  Samuel  0.  was  appointed  a  midshipman 
in  the  United  States  Navy,  and  directed  to  appear  at  Anna- 
polis, Md.,  on  the  1st  of  April  for  examination  and  admission 
to  the  Naval  Academy.  I  took  him  from  school  and  devoted 

*  Extract  from  the  letter  referred  to : — ';  I  take  the  liberty,  though  a 
stranger,  to  address  you,  and  ask  you  to  send  me  a  copy  of  the  lecture 
you  delivered  before  'The  Young  Men's  Association  of  Buffalo,'  Febru- 
ary 26th,  1850,  on  '  Method  in  Business.'  I  listened  to  its  delivery  with 
much  pleasure,  and  admired  it  as  a  chaste  and  eloquent  production— rich 
in  thought  and  beautiful  in  diction.  I  have  often  thought  of  the  sound 
principles  it  inculcated,  and  desired  a  perusal  of  it." 

t  One  of  the  most  instructive  and  beautiful  lectures  of  the  season  was 
delivered  by  Hon.  S.  A.  Foot  last  Friday  evening.  The  importance  of 
System  and  Method  in  the  business  of  life  was  the  topic.  It  was  practi- 
cally illustrated  by  the  examples  of  eminent  men  in  this  country,  and  was 
full  of  impressive  truths  and  instructive  admonitions. — Geneva  Courier. 


AND  COLLATERAL  REMINISCENCES.  271 

myself  to  his  instruction  during  nearly  the  whole  of  March. 
We  left  home  for  Annapolis  on  the  last  day  of  March.  Sam- 
uel C.  was  examined  on  the  4th  of  April,  passed  a  good  ex- 
amination, and  was  admitted  to  the  Academy. 

After  passing  a  few  days  at  Annapolis,  I  went  to  Washing- 
ton, and  spent  ten  days  very  agreeably,  having  many  friends 
and  acquaintances  there,  who  were  kind  and  attentive.  On  my 
way  home  from  Washington,  I  stopped  at  Annapolis  and 
made  Samuel  C.  a  visit  of  a  few  hours.  Euphemia  left  home 
with  me  and  Samuel  C.  on  this  occasion,  but  stopped  at  New 
York  to  visit  our  relatives  there  and  in  New  Jersey. 

Our  Temperance  League  continued  to  hold  weekly  meet- 
ings during  most  of  this  year.  I  generally  attended  and  pre- 
sided. I  also  continued  to  teach  in  the  Sabbath-school  till 
the  latter  part  of  November,  when  my  own  sons  being  away  at 
school,  and  the  other  youth  of  my  class  dispersed,  I  ceased  to 
teach. 

William  was  baptized  on  the  8th  of  June. 

There  being  a  vacation  at  the  Naval  Academy,  Samuel  C. 
came  home  the  last  of  July,  and  remained  with  us  till  the  end 
of  September. 

To  give  myself  some  agreeable  recreation,  and  my  two  old- 
est sons  an  opportunity  to  see  a  new  and  rough  country,  how 
deer  were  hunted  and  trout  caught,  I  took  them  during  the 
latter  part  of  August  by  the  way  of  Corning  in  this  state,  to 
Pine  Creek,  in  the  town  of  Graines,  Tioga  County,  Pa.  My 
nephew,  Thomas  A.  Davies,  accompanied  us.  We  employed 
some  hunters  with  their  hounds  to  assist  us  in  hunting.  The 
party  killed  several  deer,  and  I,  who  spent  my  time  mainly  in 
fishing,  caught  a  good  many  trout.  We  were  gone  ten  days, 
and  had  a  charming  time. 

Samuel  C/s  vacation  having  expired,  I  went  with  him  to 
Annapolis  at  the  close  of  September.  We  stopped  at  New 
York  and  spent  a  few  days  with  our  relatives  there  and  in  New 
Jersey.  I  remained  at  Annapolis  three  or  four  days,  which 
were  passed  agreeably  with  Samuel  C.  and  our  friends  there, 
of  whom  we  had  several  interesting  ones.  My  diary  contains 


272  AUTOBIOGRAPHY 

their  names,  and  an  account  of  our  social  intercourse  with 
them.  On  my  return  from  Annapolis,  I  passed  some  days  in 
the  city  and  New  Jersey  with  our  relatives.  This  trip  to 
Annapolis  was  solely  for  recreation  and  social  enjoyment. 

Early  in  November  I  took  John  to  South  Williamstown, 
Mass.,  and  placed  him  in  a  private  classical  school,  to  enable 
him  to  complete  his  preparation  for  entering  Williams  Col- 
lege, where  he  was  to  receive  his  collegiate  education. 

In  December  various  considerations  looking  to  Samuel  C/s 
future  happiness  and  usefulness,  led  your  mother  and  me  to 
think  it  best  to  withdraw  him  from  the  navy,  and  with  that 
view,  I  left  home  for  Annapolis  on  the  17th  of  that  month. 
Samuel  C.  was  attached  to  a  seafaring  life,  and  was  reluctant 
to  resign  his  appointment  as  midshipman  in  the  navy,  but 
yielded  to  my  opinion  on  my  promise,  that  if,  after  he  had 
received  an  education  and  was  older,  he  still  desired  to  follow 
the  ocean  and  become  a  mariner,  I  would  aid  him  in  obtaining 
a  position  in  the  merchant  service.  After  a  stay  of  a  few  days 
at  Annapolis,  during  which  I  went  over  to  Washington  and 
passed  a  couple  of  days  pleasantly,  I  returned  to  Geneva  with 
Samuel  C. 

This  completes  the  main  incidents  of  the  year  1850.  My 
diary  and  the  family  correspondence  contain  a  full  detail  of 
the  occurrences  of  the  year,  and  of  our  thoughts  and  feelings. 
We  were  a  happy  family  during  the  whole  year. 

Some  extracts  from  my  diary  will  show  the  state  of  my 
religious  feelings,  my  efforts  to  maintain  a  Christian  walk  and 
conversation,  and  the  little  progress,  if  any,  which  I  made  in 
holiness  of  life.  Before  giving  these  extracts  I  will  mention, 
that  I  have  so  frequently  and  fully  stated  already  the  manner 
in  which  I  have  kept  the  Sabbath  for  many  years  past — my 
manner  of  keeping  it  has  been  in  general  so  uniform,  for  not 
only  many  years,  but  has  continued  to  be  so  up  to  the  present 
time  (January,  1870) ;  and  my  views  of  my  duty  in  regard  to 
the  manner  in  which  it  should  be  kept  so  long  settled  and  also 
so  fully  stated  already,  that  my  children  will  derive  no  benefit 
from  my  stating  again  or  hereafter  the  manner  in  which  I  have 


AND  COLLATERAL  REMINISCENCES.  273 

kept  any  Sabbath.  For  this  reason  I  shall  not  again  state 
how  I  have  spent  a  Sabbath,  unless  something  extraordinary 
shall  have  occurred  to  prevent  me  from  keeping  it  as  I  usually 
do.  I  think  I  may  add  with  truth,  that  as  years  have 
advanced,  I  have  rather  improved  than  fallen  back  in  keeping 
the  Sabbath  holy. 

January  20th,  Sunday.  The  day  after  my  return  from  Albany. 
"  Gracious  God,  I  thank  thee  for  preserving  me  and  my  family 
during  my  absence  from  home,  for  permitting  me  to  return  to  it 
in  peace  and  happiness,  and  for  all  thy  merciful  dealings  with 
me." 

March  31st,  Sunday.  The  day  previous  to  leaving  home  with 
Samuel  0.  for  Annapolis,  Md. 

"  Gracious  God,  thou  hast  been  merciful  to  me  and  mine  hith- 
erto, and  I  pray  thee  to  continue  the  exercise  of  thy  mercy  towards 
us.  I  commit  my  child,  who  is  to  leave  his  home,  and  as  is 
expected  permanently,  to  thy  holy  keeping.  Watch  over  him, 
guard  him  against  temptation,  fill  him  with  thy  Spirit,  and  adopt 
him  as  thine  own.  I  ask  it  for  Christ's  sake." 

Monday,  June  10th. — "  The  sacrament  of  the  Lord's  supper 
was  administered  yesterday,  and  its  reception  was  most  grateful  to 
me.  Oh  may  I  live  after  the  example  my  blessed  Saviour  has  left 
for  me  and  others  who  desire  to  follow  him ! " 

July  1st,  Monday.—"  This  is  the  anniversary  of  the  marriage  of 
Mrs.  Foot  and  myself.  We  enter  to-day  on  the  17th  year  of  our 
wedded  life.  Gracious  God,  I  thank  thee  for  my  dear  companion 
and  for  sparing  her  life.  Wilt  thou  continue  to  spare  and  bless 
us.  I  ask  it  for  Christ's  sake." 

Saturday,  August  31st.  The  day  after  our  return  from  our 
hunting  and  fishing  excursion. — "  Gracious  God,  I  thank  thee  for 
permitting  me  and  my  children  to  reach  our  home  in  safety,  and 
meet  the  other  members  of  my  family  in  health  and  peace." 

November  5th,  Tuesday.  The  day  of  leaving  home  with  John 
for  South  Williamstown.— "  Gracious  God,  I  commit  this,  my  first- 
born, to  thy  holy  keeping.  Watch  over  him,  I  pray  thee,  keep 
him  from  temptation,  deliver  him  from  evil,  endue  him  with  a 
holy  spirit,  and  adopt  him  as  thine  own  hi  Jesus.  So  order  that 
18 


274  AUTOBIOGRAPHY 

he  may  be  useful  in  this  life  and  happy  in  the  life  to  come.  I  ask 
all  in  the  name  and  for  the  sake  of  the  blessed  Saviour." 

December  12th,  Thursday. — "  This  is  Thanksgiving  day,  and  I 
desire,  Bountiful  Benefactor,  to  record  my  thanks  for  the  great 
abundance  of  temporal  things  with  which  thou  hast  blessed  me 
during  the  past  year." 

December  17th,  Tuesday. — "  This  is  my  birthday.  I  am  to-day 
sixty  years  of  age.  A  kind  Providence  has  highly  favored  me. 
My  health  is  good,  and  my  faculties  of  mind  and  body  unimpaired. 
I  am  unconscious  of  the  effect  of  years  upon  me.  A  young  and 
increasing  family  are  growing  up  around  me.  0  God,  if  consistent 
with  thy  holy  will,  spare  my  life,  and  continue  to  me  the  use  of 
my  faculties  that  I  may  be  an  instrument  in  thy  hands  to  train  up 
these  children  in  the  way  they  should  go." 


1851. 

This  was  an  eventful  year  at  Mullrose.  On  the  20th  of 
January  I  was  elected  an  elder  in  our  church,  and  after  con- 
siderable reflection  deemed  it  my  duty  to  accept  the  office, 
and  was  ordained  on  Sunday  the  16th  of  February.  On  the 
23d  of  February  our  twin  daughters  were  born.  They  were 
baptized  on  the  5th  of  April  following.  One  was  named  Jane, 
and  the  other  Eliza  Campbell.  On  the  10th  of  April  I  was 
appointed,  by  the  Governor  of  this  state,  a  Judge  of  the  Court 
of  Appeals,  to  supply  a  vacancy  caused  by  the  resignation  of 
Judge  Bronson,  whose  term  of  office  expired  at  the  end  of 
the  year.  I  took  the  oath  of  office  on  the  12th  of  April,  and 
my  seat  on  the  bench  on  the  14th  of  that  month.  This  was  a 
high  office,  given  by  the  appointing  power  without  solicitation 
from  me,  and  consequently  a  real  honor. 

My  appointment  was  approved  by  both  political  parties, 
and  I  think  I  may  add  with  truth,  was  universally  approved. 
Below,  in  a  note,  will  be  found  notices  of  my  appointment  by 
some  of  the  leading  journals  of  that  day.* 

*  We  understand  that  the  Governor  has  appointed  Samuel  A.  Foot, 
Esq.,  presiding  Judge  of  the  Court  of  Appeals,  in  the  place  of  Judge  Bron- 


AND  COLLATERAL  REMINISCENCES.  275 

The  Whig  Convention  held  at  Syracuse  on  the  12th  of 
September,  nominated  me  as  their  candidate  for  Judge  of  the 


son,  resigned.  Mr.  Foot,  until  within  the  last  two  or  three  years,  was  a  resi- 
dent of  this  city,  and  for  more  than  twenty  years  has  been  a  successful  and 
distinguished  member  of  the  New  York  bar.  He  partially  retired  from  the 
practice  of  law,  and  removed  to  Geneva,  two  or  three  years  since,  but  has 
retained  connection  with  an  office  in  the  city,  and  has  occasionally  argued 
important  cases.  He  has  long  been  known  throughout  the  state,  as  well 
as  in  the  city,  as  an  able  and  successful  lawyer,  and  has  been  particularly 
distinguished  for  his  skill  and  sagacity  in  conducting  cases  arising  under 
commercial  law.  Probably  no  appointment  could  have  been  more  grati- 
fying to  the  bar,  or  satisfactory  to  the  people.  Mr.  Foot  will  make  an 
able,  firm,  and  impartial  Judge.— N.  7.  Commercial  Advertiser,  of  April 
10th,  1851. 

Samuel  A.  Foot,  Judge  of  the  Court  of  Appeals,  to  fill  the  vacancy 
caused  by  the  resignation  of  Greene  C.  Bronson. 

This  appointment  was  made  upon  the  solicitation  of  a  large  number 
of  the  members  of  the  bar  of  the  city  of  New  York,  and  of  other  portions 
of  the  state.  The  appointee  is  eminently  qualified  for  the  arduous  duties 
of  the  office,  and  is  a  worthy  successor  of  the  distinguished  jurist  whose 
place  he  is  called  upon  to  fill.— Albany  Evening  Journal,  Friday  Evening, 
April  llth,  1851. 

The  Hon.  Samuel  A.  Foot  has  been  appointed,  by  Governor  Hunt,  the 
successor  to  Judge  Bronson,  resigned— a  very  unexceptionable  selection. 
Mr.  Foot  is  an  eminent  lawyer  and  upright  man,  possessing  qualifica- 
tions and  traits  of  character  especially  adapting  him  to  discharge  the 
high  functions  of  the  station  with  great  ability  and  approbation.  Mr. 
Foot  has  been  extensively  engaged  in  his  profession  for  over  twenty-five 
years.  He  removed  from  Albany  to  this  city  in  1828,  where  he  has  since 
practised  in  the  higher  courts— having  the  last  two  years  spent  a  portion 
of  his  time  at  his  seat  at  Geneva.  It  is  a  subject  of  real  congratulation 
when  such  a  man  as  Mr.  Foot  is  elevated  to  the  bench.  In  all  his  per- 
sonal habits  and  dispositions  Mr.  Foot  is  admirably  adapted  for  judicia 
service— diligent  and  methodical-patient  and  mild-constant  and  just 
—we  have  the  best  assurances,  that  while  enlightened  justice  will  I 
pensed  and  the  purest  judicial  rectitude  observed,  true  dignity  and  o 
dilatory  deportment  will  also  be  displayed  by  the  appointee.-^  I 
Herald,  April  llth,  1851. 

Governor  Hunt  has  appointed  the  Hon.  Samuel  A.  Foot  to  fi 
vacancy  occasioned  by  the  resignation  of  Hon.  G.  C.  Bronson.     The :  a 
tion  will  ensure  general  approval.    Mr.  F.  has  occupied  for  twenty-five 


276  AUTOBIOGRAPHY 

Court  of  Appeals,  for  the  term  of  eight  years  from  the  1st  of 
January  following. 

My  nomination  was  well  received,  and  regarded  as  giving 
strength  to  the  ticket.* 

years  past  a  high  position  at  the  bar  of  this  state,  and  has  been  engaged 
in  the  higher  walks  of  the  profession. — Si.  T.  Evening  Express,  Thursday 
Evening,  April  10th,  1851. 

We  learn  by  a  telegraphic  despatch  from  Albany,  that  Samuel  A. 
Foot,  Esq.,  of  Geneva,  formerly  of  this  city,  has  been  appointed  presiding 
Judge  of  the  Court  of  Appeals,  in  the  place  of  Judge  Bronson.  Mr.  Foot 
is  a  conservative  of  the  right  stamp,  and  will  make  an  excellent  Judge. 
He  is  about  fifty-six  years  of  age,  possesses  a  comfortable  fortune,  and  is 
well  known  and  much  respected  in  this  city,  where  he  gained  a  high 
reputation  as  a  sound  and  successful  commercial  lawyer. — N.  Y.  Evening 
Mirror,  Thursday  Evening,  April  10th,  1851. 

Samuel  A.  Foot,  Judge  of  the  Court  of  Appeals,  to  fill  the  vacancy 
caused  by  the  resignation  of  Greene  C.  Bronson. 

In  this  appointment  the  Governor  has  made  a  happy  selection.  All 
parties  concur  in  a  common  verdict  of  satisfaction  with  the  choice.  Mr. 
Foot  is  a  highly  respected  citizen  of  Geneva,  and  his  fellow-citizens  re- 
joice in  the  honor  thus  conferred  upon  him. —  Geneva  Courier,  April 
16th,  1851. 

*  The  Whig  delegates  have  closed  their  labors.  They  have  decided 
wisely  and  well.  The  nominees  are  all  good  men  and  true.  No  better 
ticket  has  ever  been  presented  to  the  electors  of  the  state. 

Samuel  A.  Foot  is  the  present  incumbent  of  the  office  of  Judge  of  the 
Court  of  Appeals.  He  was  appointed  by  the  Governor  to  fill  the  vacancy 
caused  by  the  resignation  of  Judge  Bronson.  And  he  has  proved  himself 
fully  qualified  to  discharge,  faithfully  and  intelligently,  the  responsibili- 
ties of  his  high  ofiice.  He  is  the  equal,  in  every  way,  of  his  learned  and 
distinguished  associates.  If,  as  we  hope,  the  people  shall  continue  him 
in  his  present  position,  he  will  "  magnify  his  office,"  and  maintain,  unim- 
paired, the  high  character  of  the  judiciary  of  the  state. — Albany  Evening 
Journal,  September  12th,  1851. 

The  Whig  State  Convention  wisely  nominated  for  Judge  of  Appeals, 
the  Hon.  Samuel  A.  Foot,  of  Geneva,  the  present  incumbent,  who  was 
appointed  to  the  office  last  winter  by  Governor  Hunt,  to  fill  the  seat  re- 
signed by  Judge  Bronson.  The  eminent  fitness  of  the  selection  is  acknow- 
leflrc-1  by  candid  and  intelligent  men  of  all  parties.  His  exalted  legal 
attainments,  his  impartial  urbanity,  and  his  able  discrimination,  render 
him  justly  popular  with  the  bar,  and  give  him  the  highest  confidence  of 


AND  COLLATERAL  REMINISCENCES.  277 

The  election  was  held  on  the  first  Tuesday  of  November 
following.     The  Whigs  were  not  successful.    My  own  elec- 


the  people.  But  his  forensic  reputation  is  not  his  only  strength.  His  vir- 
tues as  a  man  and  a  citizen  are  unblemished,  and  command  for  him  the 
highest  respect  of  his  neighbors  and  acquaintances.  In  his  election,  the 
dignity  of  tha  highest  judicial  authority  in  the  state  will  be  sustained,  a 
deserving  man  will  be  honored,  and  through  him  the  state  itself. — 
Geneva,  Courier,  Wednesday,  September  17th,  1851. 

It  would  be  ample  evidence  of  the  fitness  of  Samuel  A.  Foot,  even 
were  his  personal  and  professional  qualifications  unknown  to  the  Whig 
party,  for  the  office  of  Judge  of  the  Court  of  Appeals,  that  he  is  at 
present  the  incumbent  of  that  responsible  office  by  appointment  of 
Governor  Hunt,  in  whose  sagacity  and  official  integrity  the  Whig  party 
of  this  state  have  wisely  learned  to  place  an  unbounded  confidence.  But 
to  many  of  the  sterling  Whigs  of  this  state  Judge  Foot  is  known  as  a 
gentleman  admirably  qualified  for  the  position  which  he  now  occupies, 
and  in  the  tenure  of  which  we  sincerely  hope  he  will  be  secured  by  the 
popular  vote.  The  character  of  the  judiciary  will  suffer  no  loss  of 
respect  and  dignity  by  his  association  with  it ;  and  inasmuch  as  it  is  one 
of  the  prominent  aims  of  the  Whig  party  to  maintain  the  purity  and  e.e- 
vation  that  have  hitherto  attached  to  that  branch  of  our  institutions,  the 
Whigs  have  a  right  to  expect  every  man  to  do  his  duty  to  this  very 
eligible  candidate. — N.  T.  Commercial  Advertiser,  Saturday,  September 
13th,  1851. 

We  have  already  published  the  excellent  ticket  nominated  by  the 
Whig  State  Convention.  Nominees  better  qualified  personally  for  the 
respective  offices,  better  representing  the  great  interests  of  the  state,  and 
better  able  to  harmonize  and  concentrate  every  element  of  strength  in 
the  Whig  party  of  this  state,  could  hardly  have  been  designated.  The 
ticket  we  regard  as  a  work  of  wisdom,  a  band  of  unity,  and  a  pledge  of 
success. 

Samuel  A.  Foot,  of  Ontario,  appointed  by  Governor  Hunt  to  fill  the 
vacancy  in  the  Court  of  Appeals,  occasioned  by  the  resignation  of  Judge 
Bronson,  and  now  renominated  for  the  acceptance  of  the  people,  has 
answered  every  expectation  of  his  friends,  and  proved  himself  fully 
qualified  for  the  arduous  duties  of  his  station.  The  judicial  trusts  and 
dignities  reposed  in  his  hands  will  neither  be  betrayed  nor  dishonored. 
— N.  Y.  Courier  and  Enquirer. 

With  regard  to  the  nominees  we  take  equal  pride  and  pleasure  in 
remarking,  that  they  are  all  able  and  honorable  men,  that  many  of  them 
have  heretofore  been  honored  by  the  possession  of  responsible  offices, 


278  AUTOBIOGRAPHY 

tion,  though  dependent  mainly  on  the  success  of  the  political 
party  who  nominated  me,  was  lost  through  the  over-confidence 
of  my  friends.  It  was  considered  so  certain,  that  no  efforts 
were  made  to  secure  it,  while  covertly,  a  liberal  use  of  money 
and  great  exertions  were  made  to  secure  the  success  of  my 
opponent.  My  defeat  was  a  disappointment,  and  regarded  at 
the  time  as  a  misfortune  ;  but  on  looking  back  to  it  now  (Jan- 
uary, 1870),  it  was  evidently  a  blessing.  The  history  of  my- 
self and  family  from  that  time  to  the  present  will  clearly  show 
it  to  be  so. 

From  the  beginning  of  the  year  to  the  10th  of  April,  the 
time  of  my  appointment  as  Judge,  my  time  was  divided 
mainly,  as  in  the  year  before,  between  professional  business 
and  studies,  reading,  domestic  matters,  and  social  duties  and 
enjoyments ;  but  during  this  period  I  was  absent  from  the 
village  on  professional  business  several  times — once  at  New 
York,  from  the  23d  of  January  to  the  8th  of  February,  once 
at  Canandaigua,  for  a  day  or  two,  and  once  at  Rochester,  for 
three  or  four  days. 

In  the  latter  part  of  February  I  wrote  an  article  on  "  Edu- 
cational Progress/'  the  main  object  of  which  was  to  draw 
public  attention  to  a  series  of  books,  constituting  a  course  of 
instruction  in  mathematics,  of  which  my  nephew,  Prof.  Charles 
Davies,  was  the  author,  and  especially  to  his  then  late  work 
on  the  "  Logic  and  Utility  of  Mathematics."  The  article  was 
first  published  in  the  Geneva  Courier,  but  subsequently  was 
noticed  and  republished  in  several  leading  public  journals.  It 
is  No.  37  of  "  Papers  Written  by  me." 

that  in  whatever  station  placed,  they  have  all  approved  themselves  able, 
upright,  and  efficient.  We  may,  however,  be  pardoned,  chiefly,  perhaps, 
on  personal  considerations,  for  expressing  our  sincere  gratification  at  the 
unanimous  nomination  of  the  Hon.  Samuel  A.  Foot,  whose  matured  and 
accurate  judgment,  profound  legal  learning,  and  varied  and  extensive 
general  information,  amply  qualify  him  for  the  discharge  of  the  responsi- 
ble duties  of  Judge  of  the  Court  of  Appeals.  The  responsibilities  of 
that  office  could  scarce  be  thrown  upon  shoulders  better  qualified  to 
sustain  them.— Ontario  Whig,  Wednesday,  September  24th,  1851. 


AND  COLLATERAL  REMINISCENCES.  279 

After  entering  upon  my  judicial  duties,  they  received  my 
first  and  best  attention.  The  court  was  in  session  in  the  city 
of  New  York  when  I  was  appointed,  and  remained  in  session 
only  five  days  after  I  commenced  my  duties.  Individual  and 
professional  business  detained  me  in  the  city  several  days  after 
the  court  adjourned,  and  I  did  not  reach  home  till  near  the 
end  of  April.  Several  days  were  required  to  put  in  order  the 
official  library,  which  was  attached  to  the  office  and  had  been 
sent  to  me  from  Albany,  and  I  did  not  commence  the  examina- 
tion and  decision  of  cases  argued  and  submitted  to  the  court 
after  I  became  a  member  of  it  till  Monday,  the  5th  of  May. 
On  that  day  I  determined  to  devote  three  of  the  best  hours  of 
each  day,  viz.,  from  9  o'clock  A.M.  to  12  M.,  to  my  judicial 
duties,  and  if  more  time  was  required,  a  portion  of  the  after- 
noon. The  result  showed  that  these  three  hours  were  suffi- 
cient, as  only  occasionally  during  the  year  was  any  portion  of 
the  afternoon  required.  The  court  usually  heard  and  received 
on  submission  at  each  term,  from  fifty  to  sixty  causes  for 
examination  and  decision  during  the  vacation.  These  were 
distributed  among  the  eight  judges,  so  that  two  judges  were 
specially  assigned  to  examine  and  write  opinions  on  each  case, 
to  be  read  at  the  next  term  when  in  consultation  for  judgment. 
I  did  not  attempt  to  make  any  change  in  this  mode  of  examin- 
ing and  deciding  causes,  but  determined  that  it  was  my  duty 
to  examine  fully  every  case,  whether  assigned  to  me  or  not, 
and  put  on  paper  the  reasons  for  my  decision.  Consequently, 
whenever  a  case  came  up  in  consultation  for  consideration  and 
judgment,  I  was  prepared  to  give  my  opinion  and  my  reasons 
for  it,  and  often  my  opinions  were  adopted  by  the  court  in 
cases  not  assigned  to  me.  There  were  two  reasons  for  my  be- 
ing able  thus  fully  to  examine,  and  write  in  each  case — one 
was,  that  I  paid  close  attention  to  the  arguments  of  counsel, 
and  gave  my  mind  entirely  to  each  case  when  under  argument 
— took  notes  of  all  positions  which  appeared  clear,  and  of  those 
which  required  further  examination,  so  that  when  I  took  up  a 
case  in  my  library  to  examine  and  decide,  the  only  labor  re- 
quired was  to  examine  the  positions  noted  for  further  exam- 


280  AUTOBIOGRAPHY 

ination — the  other  was,  that  my  professional  practice  had  been 
so  long  and  so  diversified,  that  only  one  case  occurred  while  I 
was  a  member  of  the  court,  which  depended  on  principles  of 
law,  that  had  not  been  fully  and  carefully  examined  by  me 
while  at  the  bar.  Every  case  but  that  one  turned  on  points 
of  law,  with  which  I  was  not  only  acquainted  but  had  applied 
and  tested  in  practice. 

Although  absent  from  home  several  days  near  the  middle 
of  May,  as  will  be  hereafter  mentioned,  I  completed  the 
examination  and  wrote  opinions  in  all  the  cases  before  me  for 
decision,  on  the  22d  of  May.  No  further  judicial  duty  re- 
quired my  attention  till  the  17th  of  June,  when  another  term 
of  the  court  commenced  at  Elmira.  That  term  continued  till 
the  llth  of  July.  I  attended  daily.  The  court  held  but  one 
session  on  Saturday.  This  enabled  me  to  come  home  in  the 
afternoon  and  pass  the  Sabbath  with  my  family  ;  but  I  was 
always  back  in  time  on  Monday  morning  to  be  present  at  the 
opening  of  the  court. 

I  examined,  decided,  and  wrote  opinions  in  all  the  cases 
argued  and  submitted  at  that  term  of  the  court,  and  finished 
the  last  one  on  the  31st  of  August.  This  gave  me  the  whole 
month  of  September  for  general  objects,  as  the  next  term  of 
the  court  did  not  commence  till  the  30th  day  of  that  month. 
On  that  day  it  commenced  at  Syracuse,  and  continued  till  the 
23d  of  October.  I  attended  daily,  but  as  the  court  held  no 
session  on  Saturday  afternoon,  I  came  home  and  spent  all  iny 
Sabbaths,  except  one,  with  my  family.  I  examined,  decided, 
and  wrote  opinions  in  all  the  cases  argued  and  submitted  at 
this  term,  and  finished  the  last  one  on  the  13th  of  December. 
This  completed  my  duties  as  judge,  except  attending  a  term 
of  the  court  held  at  Albany  the  three  last  days  of  the  year,  to 
decide  the  causes  remaining  before  the  court  for  judgment. 

My  opinions,  which  the  reporter  thought  proper  to  publish, 
will  be  found  in  Selden's  Reports.  None  of  them  are  judicial 
essays,  but  all  are  brief  and  on  the  points  upon  which  the 
cases  turned. 

Beside  discharging  my  judicial  duties  this  year,  I  heard 


AND  COLLATERAL  REMINISCENCES.  281 

and  decided  several  cases  which  had  been  referred  to  me  as 
sole  referee  before  my  appointment  as  Judge. 

My  time,  after  my  appointment,  not  required  in  the  dis- 
charge of  my  judicial  duties,  and  in  hearing  causes  as  a 
referee,  was  divided  between  general  reading,  domestic  mat- 
ters, and  social  duties. 

I  took  considerable  exercise  this  year  on  horseback,  and  so 
did  your  mother.  We  often  rode  together.  I  also  frequently 
rode  with  the  children.  The  year  also  afforded  me  some  re- 
creation. Near  the  middle  of  May  the  Erie  railway  was  com- 
pleted and  opened  to  Dunkirk.  A  party  of  gentlemen  were 
invited  to  join  the  directors  and  officers  of  the  company  in  an 
excursion  on  the  road,  from  the  city  of  New  York  to  Dunkirk. 
Among  them  were  the  President  of  the  United  States,  the 
members  of  his  cabinet,  and  a  number  of  other  distinguished 
gentlemen.  I  was  invited  to  be  one  of  the  party,  and  joined 
it  at  Elmira — went  to  Dunkirk,  partook  of  the  entertainment 
there — was  assigned  to  respond  to  one  of  the  toasts — spent  a 
night  at  Dunkirk  at  a  party  given  to  the  invited  guests,  and 
was  invited  to  accompany  the  Presidjent,  the  members  of  his 
cabinet,  and  other  gentlemen,  to  Buffalo,  but  declined,  con- 
sidering it  my  duty  to  return  home  and  resume  my  judicial 
duties,  which  I  did  the  next  day. 

Your  mother  not  being  well,  and  needing  a  change  of  air 
and  duties,  she  and  I  left  home  on  the  23d  of  May  for  a  visit 
to  our  relatives  in  the  city  and  New  Jersey.  We  took  Jane, 
one  of  the  twins,  with  us.  We  had  a  safe  and  pleasant  jour- 
ney to  the  city,  and  lodged  with  my  nephew  and  niece,  Mr. 
and  Mrs.  Thomas  A.  Davies,  in  our  former  residence.  After 
spending  a  few  days  in  the  city  with  our  relatives  on  both 
sides,  we  went  to  Springfield,  N.  J.,  and  made  your  aunt  Eliza 
a  visit  of  several  days  ;  then  to  Weston,  N.  J.,  to  visit  Mr. 
and  Mrs.  J.  B.  Cornell,  where  we  passed  a  week,  and  then 
returned  to  the  city.  After  staying  there  a  few  days,  enjoying 
the  society  of  our  relatives  and  friends,  we  came  home,  where 
we  arrived  on  the  13th  of  June.  Your  mother's  health  was 


282  AUTOBIOGKAPHY 

greatly  improved  by  the  journey  and  visit,  and  soon  after  our 
return  she  regained  entirely  her  usual  strength  and  health. 

I  took  one  more  short  excursion  this  year.  When  John 
went  to  college  in  the  latter  part  of  September,  I  went  with 
him  to  Williamstown — spent  a  couple  of  days  there  assisting 
him  to  arrange  and  furnish  his  room  in  college,  and  visiting 
the  President  and  other  members  of  the  faculty.  On  my  way 
to  Williamstown  and  back  I  stopped  a  day  in  Albany  with  my 
nephew,  James  Edwards,  and  his  family. 

Our  children  remained  with  us  this  year  in  Geneva,  attend- 
ing schools  there,  except  John,  who  was  in  Williams  College, 
and  Samuel  C.,  who,  early  in  November,  entered  a  classical 
school  at  South  Williamstown,  the  same  one  where  John  had 
finished  his  preparation  for  entering  college. 

By  becoming  an  elder  in  the  church  and  member  of  the 
consistory,  new  duties  devolved  upon  me  in  connection  with 
the  spiritual  and  secular  state  of  the  church.  The  church 
was  in  debt  and  its  finances  in  great  disorder.  I  proposed 
measures  in  the  consistory  for  introducing  system  and  order  in 
the  future  management  .of  the  temporal  affairs  of  the  church, 
which  were  adopted,  and  from  that  time  to  the  present  (1870) 
been  advantageously  followed.  I  consented  to  become  chair- 
man of  the  finance  committee,  and  gave  the  requisite  attention 
to  the  duties  of  the  position.  My  eldership  made  it  my  duty 
to  take  a  part  at  the  prayer  meetings.  I  often  led  in  prayer, 
and  in  the  absence  of  the  pastor  conducted  the  meetings.  In 
August  I  resumed  instruction  in  the  Sabbath-school,  but  was 
so  often  from  home  that  I  accomplished  but  little  in  that  line 
of  duty. 

In  the  latter  part  of  the  month  of  April  this  year,  our 
daughter  Mary  became  deeply  anxious  respecting  the  salvation 
of  her  soul.  My  entry  in  my  diary  of  Monday,  the  28th  of 
that  month,  is  as  follows  : 

"  Heard  two  excellent  sermons  yesterday  from  a  Scotch  clergy- 
man, whose  name  I  have  not  heard ;  and  the  one  in  the  afternoon 
appears  to  have  been  blessed  to  my  second  daughter  Mary.  She 
came  home  from  church  deeply  affected.  Held  a  most  interesting 


AND  COLLATERAL  REMINISCENCES.  283 

conversation  with  her  mother.  They  prayed  together,  and  Mary 
most  delightfully.  I  had  a  conversation  with  her  afterwards,  and 
prayed  with  her.  0  God,  if  consistent  with  thy  holy  will,  carry 
forward  and  perfect  the  work  of  grace  which  appears  to  have  been 
begun  in  her  heart.  I  ask  it  for  Christ's  sake."  * 

Early  in  May,  our  eldest  daughter,  Euphemia,  was  deeply  im- 
pressed by  religious  truths.  My  diurnal  entry  of  Monday,  5th  of 
May,  is  in  these  words:  "Heard  two  agreeable  and  impressive 
sermons  from  the  Eev.  Henry  V.  Voorhees,f  a  young  clergyman, 
recommended  to  us  by  my  friend,  Mr.  Frelinghuysen.  My  daugh- 
ter, Euphemia,  was  deeply  impressed  with  the  afternoon  services, 
and  I  hope  is  touched  by  the  Spirit  of  her  Heavenly  Father." 

It  now  remains  to  give  a  few  extracts  from  my  diary  to  show 
my  own  spiritual  condition  during  the  year : 

Monday,  January  6th. — "  There  was  communion  in  our  church 
yesterday.  I  greatly  enjoyed  the  services.  0  my  God,  forgive  my 
sins,  help  me  to  live  near  to  thee,  and  fill  me  with  thy  Spirit." 

Tuesday,  January  21st.  After  deciding  to  accept  an  eldership 
in  our  church. — "In  the  acceptance  of  this  new  office  in  the 
church  I  trust  my  motives  are  right,  and,  gracious  God,  grant  me 
thy  blessing,  and  wisdom  from  above." 

Monday,  February  17th. — "  In  the  forenoon  of  yesterday  I  was 
ordained  as  an  elder,  and  took  upon  me  the  obligations  and  duties 
of  that  office,  and  with  God's  help  intend  to  perform  them.  This 
is  an  office  which  was  tendered  to  me  while  a  member  of  the  Wall 
Street  church  in  New  York,  and  also  during  the  two  first  years  I 
was  in  this  village,  but  declined,  and  now  I  feel  as  if  I  was  incom- 
petent to  discharge  its  duties,  and  have  accepted  it  because  the 
exigencies  of  our  church  seem  to  require  it  of  me.  Gracious  God, 
assist  me  in  the  discharge  of  its  duties,  and  forgive,  for  Christ's 
sake,  what  thou  seest  amiss  in  me." 

Sunday,  February  23d.  After  mentioning  the  birth  of  the  twins, 
and  that  they  were  fully  and  well  formed.—"  0  God,  I  thank  thee 
for  thy  merciful  dealings  with  my  dear  companion,  and  for  these 

*  This  prayer  was  answered,  and  this  dear  daughter  is  now  (February 
2d,  1870)  to  all  human  appearance,  near  entering  upon  the  reward  of  a 
well-spent  Christian  life. 

f  He  afterwards  became  our  pastor. 


284  AUTOBIOGRAPHY 

little  immortals  whom  thou  hast  given  us — spare  their  lives,  I  en- 
treat thee,  and  enable  us  to  bring  them  up  in  thy  fear  and  to  thy 
glory." 

Thursday,  April  10th.  After  hearing  of  my  appointment  as 
Judge. — "  0  God,  how  full  of  mercy  and  loving-kindnesses  are  all 
thy  dealings  with  me.  Oh  give  me  health,  and  wisdom  from  above, 
that  I  may  be  able  to  fill  rightly  this  extended  sphere  of  useful- 
ness— be  a  righteous  Judge,  and  a  blessing  to  the  people  of  this 
state.  I  ask  it  for  Christ's  sake." 

Thursday,  May  22d.  The  day  before  Mrs,  Foot  and  I  left 
home  for  our  visit  to  the  city  and  New  Jersey. — "  Gracious  God, 
be  merciful  to  us,  keep  us  and  ours  in  safety  during  our  absence, 
and  permit  us  to  return  in  health.  "We  ask  it  for  Christ's  sake." 

Friday,  June  13th.  After  our  return  from  our  visit,  and  an 
account  of  it. — "  And  now,  gracious  and  merciful  God,  I  desire  to 
record  my  deep  and  hearty  thanks  for  thy  kind  dealings  with  me 
and  mine.  Continue,  I  pray  thee,  thy  kind  care  over  us — renew 
us  in  thine  image,  and  prepare  us  for  death  and  thy  presence.  I 
ask  it  for  my  dear  Eedeemer's  sake." 

Saturday,  September  13th.  The  day  after  I  was  nominated  for 
election  as  Judge  of  the  Court  of  Appeals. — "  I  thank  thee,  0  God, 
for  this  renewed  instance  of  thy  favor.  Thou  art  the  Giver  of 
every  good  and  perfect  gift.  All  I  have  in  this  life,  or  hope  for  in 
the  life  to  come,  is  bestowed  by  thee.  Oh  may  I  be  duly  grateful, 
and  live  more  in  accordance  with  thy  holy  will ; "  and  a  few  days 
afterwards  when  reflecting  on  this  event,  "  I  hope,  with  God's  assis- 
tance, not  to  allow  the  honors  of  this  world,  nor  the  praises  of  men, 
to  have  any  other  effect  on  me  than  to  humble  me ;  lead  me  to  a 
closer  watch  over  myself,  and  more  earnest  efforts  to  use  the  influ- 
ence I  may  possess  for  the  good  of  my  fellow-men." 

November  4th,  Tuesday.  The  day  Samuel  C.  left  home  for 
school. —  "Oh  that  a  gracious  God  will  watch  over,  preserve,  and 
lead  him  in  the  paths  of  righteousness," 

November  llth,  Tuesday. — "By  the  news  of  last  evening,  it 
seems  probable  that  I  am  not  elected  to  the  office  I  now  hold  by 
the  appointment  of  the  Governor.  If  this  be  so,  it  is  the  will  of 
my  Heavenly  Father,  and  I  pray  for  a  submissive  and  obedient 
spirit,  that  I  may  receive  the  disappointment  with  composure,  and 
profit  by  it." 


AND  COLLATERAL  REMINISCENCES.  285 

November  27th,  Thursday.  Thanksgiving  day.  After  an 
enumeration  of  the  many  temporal  and  spiritual  blessings  enjoyed 
during  the  year. — "  All  these  and  many  more  favors  are  the  pro- 
duct of  thy  bounty,  Heavenly  Father.  Oh,  what  can  I  render  to 
thee  for  thy  great  goodness !  Only  the  poor  thanks  of  a  sinful 
heart." 

December  17th,  Wednesday. — "This  is  my  birthday.  I  am 
sixty-one  years  of  age,  This  is  rightly  regarded  as  old  age,  and 
yet  how  little  good  I  appear  to  have  accomplished.  Had  my  duties 
as  a  Judge  been  continued,  my  hope  was  to  render  some  service  to 
my  fellow-men  before  life  closed ;  but  a  gracious  God  and  kind 
Father  has  ordered  otherwise,  and  it  is  my  duty  to  be  satisfied. 
He  knows  best  what  is  good  for  me.  I  thank  thee,  0  God,  for 
sparing  my  life  so  long,  for  continuing  to  me  health  and  the  use  of 
all  my  faculties.  If  consistent  with  thy  holy  will  still  spare  me, 
and  permit  me  to  be  an  instrument  in  thy  hands  to  train  this 
numerous  family  of  children  thou  hast  given  me  in  thy  fear  and  to 
thy  glory.  Fill  me  also  with  thy  Spirit,  that  I  may  grow  in 
heavenly  graces,  and  be  prepared  for  thy  presence  when  thou  shalt 
call  me  to  it.  Pardon  my  numerous  sins.  I  ask  it  for  Christ's 
sake." 

1852. 

This  year  formed  an  era  in  my  life.  With  it  I  took  a 
fresh  start  in  my  profession.  After  closing  my  judicial  duties 
at  Albany,  I  remained  a  few  days  to  close  some  matters  of 
business  connected  with  my  judgeship,  and  arrange  for  the 
transfer  of  my  official  library  to  my  successor,  and  then  went 
to  New  York. 

After  full  consideration,  I  determined  to  resume  my  prac- 
tice as  a  counsellor-at-law,  and  entered  into  an  arrangement 
with  William  E.  Curtis,  Esq.,  by  which  we  took  a  suite  of 
offices  together,  and  formed  a  qualified  co-partnership.  Mr. 
Curtis  and  I  were  natives  of  the  same  town  in  Connecticut, 
and  he  was  also  my  nephew  by  marriage,  Mrs.  Curtis  being  a 
granddaughter  of  my  sister  Davies. 

The  resumption  of  my  profession  and  arrangement  with 


286  AUTOBIOGRAPHY 

Mr.  Curtis,  proved  to  be  fortunate  and  happy,  as  the  sequel 
will  show.  The  only  drawback  was  the  necessity  laid  upon 
me  of  being  absent  frequently  from  home,  and  often  for  several 
weeks  at  a  time.  That  was  the  case  this  year. 

A  few  days  were  required  to  complete  my  arrangement 
with  Mr.  Curtis.  I  then  returned  to  Geneva,  but  left  again 
for  New  York  on  the  2d  of  February,  and  was  detained  there 
till  the  14th  of  that  month,  when  I  again  returned  to  Geneva. 
The  4th  and  5th  of  March  were  occupied  in  trying  a  cause  at 
Lodi,  and  the  llth  and  12th  of  that  month  in  the  trial  of  an 
important  cause  at  Batavia.  I  left  home  on  the  21st  of 
March  for  Albany,  to  attend  the  Court  of  Appeals,  and  was  en- 
gaged there  till  the  17th  of  April.  The  19th,  20th,  and  21st 
days  of  that  month  were  spent  at  Penn  Yan  in  professional 
business.  From  the  3d  to  the  22d  of  May  I  was  engaged  in 
the  same  way  in  New  York.  On  the  4th  of  June  I  went  to 
Albany  to  attend  a  term  of  the  Court  of  Appeals,  and  was 
occupied  there  till  the  9th  of  July,  with  the  exception  of  three 
clays  spent  in  coming  home  to  pass  a  Sabbath  with  my  family. 
Professional  engagements  required  my  presence  at  Albany  and 
New  York  from  the  14th  of  September  to  the  3d  of  October, 
and  again  at  New  York  from  the  2d  to  the  7th  of  November. 
The  9th  day  of  that  month  was  passed  in  professional  busi- 
ness at  Canandaigua,  and  the  12th  and  13th  days  of  Decem- 
ber in  the  same  way  at  Buifalo.  My  last  absence  for  the  year 
on  professional  business  was  from  the  6th  to  the  31st  of 
December  at  New  York. 

While  attending  the  Court  of  Appeals  at  Albany  in  April, 
I  was  retained  by  the  Governor  of  this  state  to  argue  one  of 
the  most  important  causes  which  have  arisen  in  this  state. 
My  retainer  was  in  pursuance  of  a  special  act  of  the  Legisla- 
ture, passed  the  same  day  for  that  purpose.*  My  argument 

*  Copy  of  the  Governor's  note  retaining  me  : 

STATE  OP  NEW  YORK,  EXECUTIVE  DEPARTMENT. 

ALBANY,  April  12th,  1852. 

SIB  : — In  pursuance  of  an  act  this  day  passed  by  the  Legislature,  I  have 
decided  to  employ  you  to  appear  and  act  as  counsel  for  the  state,  in  a 


AND  COLLATERAL  REMINISCENCES.  287 

was  reported  in  full  and  published  in  the  Albany  Evening 
Journal.  As  the  report  was  submitted  to  me,  and  revised  and 
corrected  by  me  before  publication,  it  may  be  regarded  as 
written  by  me,  and  is  No.  38  of  "Papers  Written  by 
me." 

While  attending  the  June  term  of  the  same  court  held  at 
Albany,  the  death  of  Henry  Clay  of  Kentucky  occurred. 
The  members  of  the  bar  of  this  state  in  attendance  upon  the 
court,  deemed  it  proper  to  notice  the  event,  and  requested  me 
to  address  the  court  on  the  subject,  and  move  an  adjournment. 
I  wrote  my  address  and  delivered  it  before  the  court  and  bar 
on  the  1st  of  July.  Chief  Justice  Ruggles  made  a  brief  re- 
sponse. My  address  and  the  response  of  the  Chief  Justice 
were  published  in  all  the  leading  journals  of  the  day.  It  is 
No.  39  of  "  Papers  Written  by  me." 

The  greater  part  of  the  time  spent  at  Geneva  this  year  was 
occupied  in  professional  reading,  studies,  and  investigations. 
My  preparations  for  arguments  and  professional  duties  away 
from  home  were  made  in  my  library  at  home.  Domestic  mat- 
ters and  social  duties  took  up  another  considerable  portion  of 
my  time.  A  few  special  matters  this  year  in  Geneva  required 
and  received  my  attention,  and  consumed  small  portions  of 
my  time. 

The  finances  of  our  church  required  time  and  attention. 
There  were  frequent  meetings  during  the  year  of  the  finance 
committee,  of  which  I  continued  to  be  chairman. 

The  common  schools  of  the  village  required  reorganization 
this  year,  and  at  the  request  of  a  number  of  the  prominent 
citizens  of  the  village,  I  attended  the  meetings  held  for  that 
purpose,  was  appointed  chairman  of  a  committee  to  consider 

certain  proceeding  now  pending  in  the  Court  of  Appeals,  on  a  writ  of 
error  brought  by  the  Auditor  of  the  Canal  Department,  involving  the 
constitutionality  of  the  act  to  provide  for  the  completion  of  the  Erie 
Canal  enlargement  and  the  Genesee  Valley  and  Black  River  Canals. 
With  great  regard,  your  obedient  servant, 

WASHINGTON  HUNT. 

SAMUEL  A.  FOOT,  Esq. 


288  AUTOBIOGRAPHY 

and  report  measures  for  adoption.  I  drew  the  report  of  the 
committee  and  some  resolutions,  which  the  committee  recom- 
mended for  adoption,  attended  the  meeting  to  which  the 
report  was  made,  and  advocated  the  resolutions.  They  were 
adopted.  All  this  took  considerable  time. 

On  the  21st  of  October  I  delivered  an  address  before  the 
"  Agricultural  Society  of  the  Town  of  Seneca."  I  prepared  it 
with  care,  wrote  it  out  in  full,  and  although  not  long,  the 
preparation  of  it  took  time.  It  was  published  at  the  request 
and  expense  of  the  Society,  and  is  No.  40  of  "  Papers  Written 
by  me." 

John  continued  at  college  this  year.  Samuel  C.  remained 
at  school  in  South  Williamstown  till  the  spring  vacation. 
He  then  came  home,  wished  to  go  to  sea,  and  claimed  a  fulfill- 
ment of  my  promise  made  to  him  when  he  resigned  his  position 
as  midshipman,  to  aid  him  in  obtaining  a  position  in  the 
merchant  service  when  older  and  more  advanced  in  his  educa- 
tion. He  had  attended  faithfully  to  his  studies  when  at 
school,  and  I  acceded  to  the  justness  of  his  claim.  He  went 
to  New  York  with  me  in  May.  A  favorable  position  was 
found  for  him  on  a  first-class  ship  bound  to  Hong  Kong, 
China.  He  sailed  on  the  26th  of  May.  Our  other  children 
old  enough  to  attend  school  remained  at  school  during  the 
year  at  Geneva. 

Our  daughter  Euphemia  having  united  with  the  church  on 
Friday  previous,  partook  of  the  communion  with  her  parents 
on  Sunday  the  6th  of  June. 

Our  youngest  and  last  child,  Catherine,  was  born  on  the 
14th  of  October,  and  baptized  on  the  3d  of  December. 

I  allowed  myself  only  one  short  excursion  solely  for  recre- 
ation and  visiting.  While  at  Albany  attending  the  June  term 
of  the  Court  of  Appeals,  having  on  one  occasion  no  case  likely 
to  be  reached  in  a  few  days,  I  availed  of  the  opportunity  to 
visit  Avith  my  nephew,  James  Edwards,  our  relatives  in  Sara- 
toga County.  We  made  a  visit  to  my  niece,  Mrs.  Booth,  her 
husband,  and  children  at  Ballston  Spa,  and  to  my  nephews, 
John  Edwards  and  Edward  Edwards,  and  their  families  in 


AND  COLLATERAL  REMINISCENCES.  289 

Corinth.  We  were  absent  from  Albany  several  days,  and  had 
a  charming  visit.  When  in  New  York  and  Albany  on  profes- 
sional business  I  visited  relatives  and  friends  a  good  deal  when 
not  occupied  in  court.  Occasionally  when  I  went  to  New 
York  I  took  one  of  the  older  children  with  me,  to  visit  our 
relatives  there  and  in  New  Jersey.  This  year  Euphemia  went 
twice  and  John  once. 

Notwithstanding  my  frequent  absences  from  home,  our 
family  devotions,  morning  and  evening,  were  not  neglected. 
Your  mother  conducted  them  when  in  health,  and  when  not 
able  to  be  present,  Euphemia  supplied  her  place,  and  dis- 
charged sweetly  that  duty. 

My  frequent  absences  prevented  me  from  taking  charge  of 
a  class  in  our  Sabbath-school,  yet  I  occasionally  attended,  and 
now  and  then  addressed  the  children. 

My  trust  in  God,  and  my  gratitude  for  His  merciful  deal- 
ings with  me  and  mine,  rather  increased  than  diminished  this 
year.  Some  extracts  from  my  diary  will  show  this,  also  the 
state  of  my  religious  feelings  : 

Saturday,  January  10th.  On  my  return  from  New  York  when 
I  had  made  an  arrangement  for  resuming  my  profession. — "I  look 
to  thee,  0  God,  for  a  blessing  on  this  new  field  of  duty — grant  it 
to  me  if  consistent  with  thy  holy  will.  I  ask  it  for  Christ's 
sake." 

Monday,  February  23d.  The  birthday  of  the  twins.— "Gra- 
cious God,  I  thank  thee  for  sparing  them.  Wilt  thou  continue 
thy  care  over  them,  and  enable  us  (the  parents)  to  bring  them  up 
in  thy  fear  and  to  thy  glory.  I  ask  it  for  Christ's  sake." 

Sunday,  April  18th.  After  my  return  from  Albany  and  an 
account  of  my  retainer  and  argument  in  the  great  case  already 
mentioned.— "And  now,  0  God,  I  desire  to  record  my  thanks  for 
thy  merciful  dealings  with  me  and  mine." 

Monday,  May  3d.  The  day  I  left  home  with  Samuel  C.  for 
New  York  to  attend  to  professional  business,  and  find  him  a  place 
'on  board  a  ship.—"  Gracious  God,  I  ask  thy  blessing  on  the  duties 
I  am  about  to  resume,  and  on  my  son  and  his  career  which  he  is 
about  to  commence.  Protect  him,  I  beseech  thee,  amid  the  perils 
of  the  ocean,  fit  him  for  the  duties  of  this  life,  and  prepare  him  for 
19 


290  AUTOBIOGRAPHY 

death.  Guide  me  also,  Heavenly  Father,  in  all  my  ways — forgive 
me  my  sins  and  accept  of  me,  for  Christ's  sake." 

Monday,  May  24th. — "Last  evening  my  eldest  daughter, 
Euphemia,  expressed  to  her  mother  and  me  a  wish  to  join  the 
church.  We  readily  acceded  to  it.  0  God,  I  thank  thee  for  the 
effectual  operation  of  the  Holy  Spirit  on  the  heart  of  my  dear  child, 
and  bringing  her  into  thy  visible  church  on  earth." 

Saturday,  June  5th. — "Yesterday  afternoon  my  daughter 
Euphemia  united  with  the  church,  having  been  received  by  the 
consistory  on  confession.  Gracious  God,  accept  my  profound 
thanks  for  this  great  and  ineffable  manifestation  of  thy  love  and 
mercy." 

Monday,  June  7th. — "Spent  my  Sabbath  yesterday  as  usual. 
The  Lord's  supper  was  administered  in  the  forenoon.  The  services 
were  delightful  to  me.  Our  daughter  Euphemia  was  one  of  us. 
It  was  a  most  joyful  occasion  to  me.  Gracious  God,  I  thank  thee 
for  thy  merciful  dealings  with  me  and  mine." 

Thursday,  September  3d.  Your  mother  had  been  very  ill  for 
some  days  with  a  fever,  but  appeared  to  be  considerably  better  to- 
day.— "  To  thee,  0  God,  do  I  render  sincere  thanks  for  the  abate- 
ment of  the  sickness  of  my  dear  companion.  Spare  her  life,  I 
entreat  thee,  for  Christ's  sake." 

Thursday,  October  14th.  The  day  our  youngest  child  was 
born — a  healthy  and  well-formed  daughter — and  Mrs.  Foot  as  well 
as  usual  on  such  occasions. — "  0  God,  I  thank  thee  for  answering 
my  oft-repeated  and  fervent  prayer,  to  carry  my  dear  companion 
safely  through  child-birth." 

Thursday,  November  25th.  Thanksgiving  day. — "I  have 
special  cause  to  be  thankful  to  the  Giver  of  every  good  and  perfect 
gift  He  has  crowned  the  year  with  goodness  to  me  and  mine. 
The  only  occurrence,  which  has  interrupted  in  the  least  the  full 
and  overflowing  current  of  our  happiness  and  prosperity,  was  Mrs. 
Foot's  illness,  and  from  that  she  has  entirely  recovered.  To  thee, 
O  God,  do  I  return  sincere  and  deep  thanks  for  all  thy  mercies 
during  the  past  year." 


AND  COLLATERAL  REMINISCENCES.  291 


1833. 

My  profession  this  year  required  far  the  largest  portion  of 
my  time.  It  took  me  not  only  frequently  from  home,  but  kept 
me  away,  in  the  aggregate,  a  considerable  part  of  the  year, 
and  obliged  me  while  at  Geneva,  to  appropriate  a  large  share 
of  my  time  to  professional  reading,  studies,  and  investigations. 
I  heard  and  decided  this  year  as  sole  referee  quite  a  number  of 
actions,  and  more  than  in  any  previous  year.  Most  of  them 
were  cases  in  equity  arising  in  this  judicial  district.  My  ab- 
sences from  home  on  professional  business  were  mainly  at 
Albany,  attending  the  terms  of  the  Court  of  Appeals,  and 
arguing  causes  in  that  court,  and  at  the  city  of  New  York,  try- 
ing and  arguing  causes  there,  and  doing  other  professional 
business.  At  Geneva,  beside  professional  duties,  a  considera- 
ble portion  of  my  time  was  occupied  in  domestic  matters, 
general  reading,  social  duties,  instructing  my  children  and 
joining  them  with  their  mother  in  amusements  and  recreation. 
We  had  a  good  many  visitors  this  year  and  more  than  usual. 
Attention  to  them  consumed  time.  The  common  schools  of 
the  village,  and  the  affairs,  spiritual  and  temporal,  of  our 
church,  required  and  received  attention  from  me.  This  also 
consumed  time. 

In  January  a  project  was  started  for  compelling  the  village, 
by  a  law  to  be  passed  by  the  Legislature,  to  subscribe  for  the 
stock  of  a  proposed  railroad.  Most  of  the  owners  of  property 
in  the  village,  and  myself  among  them,  were  opposed  to  it.  I 
drew  a  memorial  to  the  Legislature  in  opposition  to  the  pro- 
posed law.  It  is  No.  41  of  "  Papers  Written  by  me."  I  pre- 
serve it,  as  a  specimen  of  such  papers,  of  which  I  drew  many 
in  the  course  of  my  active  life.  But  the  subject  outside  of 
my  profession,  which  most  demanded  time  and  attention,  was 
an  address  delivered  before  the  "  New  York  Alpha  of  the  Phi 
Beta  Kappa  Society "  of  Union  College,  Schenectady,  my 
Alma  Mater,  on  the  afternoon  of  the  26th  of  July,  the  day 
before  commencement.  It  was  delivered  in  the  Presbyterian 


292  AUTOBIOGRAPHY 

church,  before  a  large  audience — was  listened  to  with  atten- 
tion, and  favorably  noticed  in  the  New  York  Daily  Times  of 
the  29th  of  July,  in  an  article  headed  "  Commencement  week, 
Union  College,  Schenectady."  * 

This  address  was  written  with  care,  and  is  No.  42  of 
"  Papers  Written  by  me."  The  Society  thanked  me  for  it, 
and  requested  a  copy  for  publication,  but  this  I  declined  on 
the  advice  of  your  mother,  she  suggesting  that  I  might  wish 
to  repeat  it  on  some  other  occasion;  and  so  I  did,  on  two  sub- 
sequent occasions. 

Having  been  invited  in  the  month  of  October  to  deliver  the 
opening  lecture  for  the  season  before  "  The  Fishkill  Landing 
Lyceum,"  I  accepted  the  invitation,  and  on  the  evening  of  the 
1st  of  November,  in  the  Presbyterian  church,  before  a  large 
and  attentive  audience,  repeated  this  address,  with  some  slight 
modifications  adapting  it  to  the  locality  and  occasion.  It  was 
well  received,  and  a  full  and  favorable  notice  of  it  published 
in  "  The  Standard,"  the  public  journal  of  that  place.f  I 

*  The  Phi  Beta  Kappa  Society,  after  their  annual  meeting  on  Tues- 
day afternoon,  proceeded  to  the  church  in  which  all  the  exercises  were 
held,  to  hear  their  orator  and  poet.  The  former,  Hon.  Samuel  A.  Foot. 
LL.D.,  Judge  of  the  Court  of  Appeals,  addressed  the  Society  upon  "  The 
Duties  of  our  Educated  Citizens,  in  connection  with  the  rapid  onward 
movement  of  the  Nation."  The  oration  commenced  with  a  comprehen- 
sive and  striking  picture  of  the  progress  of  our  country  during  the  last 
half  century,  in  territory,  population,  wealth,  power,  and  development  of 
resources.  This  occupied  the  first  half  of  the  address,  and  the  remainder 
was  devoted  to  an  earnest  and  high-toned  investigation  and  enforcement 
of  the  resulting  duties  of  educated  men  and  women  ;  and  chief  among 
these,  the  attainment  and  due  appreciation  of  the  responsibility  resting 
on  them,  the  proper  direction  of  home  influence,  and  the  especial  duty  of 
teachers.  The  close  was  a  notice  of  the  various  long  and  wide  avenues 
to  usefulness  and  distinction,  which  the  certain  and  prospective  greatness 
of  our  country  invites  young  men  to  enter,  and  a  caution  to  mingle  meek- 
ness and  humility  with  their  well-grounded  exultation. — N.  Y.  Times. 

t  The  first  lecture  before  the  Fishkill  Landing  Lyceum  was  delivered 
on  Tuesday  evening  last,  at  the  Presbyterian  church,  by  Hon.  Samuel  A. 
Foot,  of  Geneva,  on  "  The  Rights  and  Duties  of  an  American  Citizen." 
The  attendance  was  large,  and  the  audience,  comprising  the  most 


AND  COLLATERAL  REMINISCENCES.  293 

again  repeated  it  before  "  The  Geneva  Literary  Association," 
which  met  at  my  house  on  the  evening  of  the  3d  of  January, 


respectable  and  intelligent  portion  of  our  community,  listened  through- 
out with  most  profound  attention,  evidently  greatly  pleased  with  the 
whole  tenor  of  the  very  able  lecture,  as  well  as  the  pleasing  and  effective 
manner  in  which  it  was  delivered.  The  lecturer  commenced  with 
noticing  the  importance  of  education,  and  proceeded  to  show  the  duties 
that  devolved  upon  those  who  had  received  the  advantages  of  it.  He 
then  proceeded,  in  a  brief,  clear,  and  succinct  manner,  to  trace  out  the 
progress  of  our  great  Republic  since  the  commencement  of  the  present 
century,  its  various  acquisitions  of  territory,  and  the  vast  and  important 
improvements  in  the  facilities  of  travel.  A  variety  of  highly  interesting 
statistics  were  introduced,  comparing  our  present  position  with  what  it 
was  only  fifty  years  ago,  and  then  reasoning  from  analogy  went  on  to 
show  what  it  might  be  expected  to  become  at  the  close  of  the  present,  or 
the  commencement  of  another  century.  Yet  while  he  alluded  in  a  very 
huppy  manner  to  the  spread  of  the  domain  over  which  the  proud  flag  of 
our  country  so  proudly  waved,  he  deprecated  the  unhallowed  desire  of 
acquiring  territory  by  unfair  or  dishonorable  means. 

While  he  found  much  to  admire,  and  of  which  as  a  nation  we  might 
well  feel  proud,  he  deemed  it  unbecoming  to  estimate  too  highly  the 
advancement  that  had  been  made,  more  particularly  as  within  the  period 
of  some  twenty  years  there  were  certain  evidences  of  a  lack  of  that  stern 
purity  of  principle  once  so  prevalent  in  our  midst,  and  which  were  to  be 
deplored.  Prominent  among  these  was  the  withdrawal  of  the  Sacred 
Scriptures  from  our  schools  of  learning,  where  formerly  these  had  been 
daily  and  almost  hourly  introduced,  as  part  of  the  course  of  instruction, 
so  admirably  calculated  to  imbue  the  youthful  mind  with  principles  of 
piety  and  virtue,  so  essential  to  their  happiness  and  welfare.  It  was 
upon  the  basis  of  the  Bible  that  the  laws  of  our  country  were  established, 
and  the  student  who  devoted  his  time  and  his  attention  thoroughly  to 
the  acquisition  of  Common  Law,  as  it  were,  unconsciously  made  himself 
familiar  with  the  great  principles  of  Divine  Law,  to  which  he  might  have 
paid  a  much  less  degree  of  attention. 

Many  of  the  errors  of  life  were  depicted,  such  as  fondness  for  a  vain 
display,  and  a  disposition  to  lay  too  great  stress  upon  the  pomp  and  cir- 
cumstance of  life,  seeking  and  upholding  ostentation,  rather  than  endeav- 
oring to  cultivate  the  true  and  proper  qualities  of  the  heart,  and 
becoming  familiar  with  the  vast  responsibilities  that  rest  upon  each  and 
every  individual. 

The  influence  and  power  of  woman  was  dwelt  upon  with  much  ear- 


294  AUTOBIOGRAPHY 

1860.  It  elicited  many  complimentary  remarks.  This  Asso- 
ciation was  composed  of  prominent  gentlemen  of  education  of 
this  village,  and  met  every  fortnight  during  the  winter  at  the 
houses  of  the  members.  At  each  meeting,  some  member,  pre- 
viously designated,  read  an  original  lecture  or  address. 

My  Alma  Mater  noticed  me  kindly  at  this  commencement, 

nestuess,  and  in  a  very  forcible  and  truthful  manner.  Those  of  parents 
and  teachers,  to  whom  were  committed  so  sacred  and  important  a  trust, 
in  whose  hands  were  the  destinies  of  one  hundred  millions  of  the  future 
sovereigns  of  our  country,  and  as  each  and  every  individual  was  ac- 
counted to  be  exerting  an  influence  in  some  measure,  for  its  weal  or  woe, 
how  important  such  a  trust  I  The  influences  of  home  and  the  family 
circle — the  associations  of  its  locality,  its  construction  and  adornments, 
the  fields  and  lawns,  and  flowers  about  it,  all  had  their  genial  tendencies, 
and  should  by  no  means  be  disregarded.  Here  the  speaker  quoted  from 
the  poets  Montgomery  and  Burns,  very  appropriately,  the  beauties  and 
endearments  of  a  home,  and  with  fine  effect.  The  charm  of  home  was 
shown  to  be  entirely  woman's;  and  while  upon  this  theme,  the  attempts 
that  have  been  made  to  disturb  the  sacredness  of  the  law  of  marriage,  by 
regarding  it  as  mere  business  contract,  or  copartnership,  received  a 
merited  rebuke.  The  folly  of  trifling  and  frivolous  amusements,  Avhen 
that  which  tends  to  enlarge  and  expand  the  mind  and  heart  might  be 
introduced,  was  nobly  dwelt  upon ;  and  the  general  importance  of  educa- 
tion was  most  clearly  defined,  and  earnestly  impressed.  The  example  of 
the  pious  Fenelon  was  cited,  and  his  success  in  the  reformation  of  his 
youthful  royal  charge  shown,  to  encourage  others  in  the  work.  Our 
youth  are  to  become  the  sovereigns  and  rulers  of  our  land,  and  are  to 
frame  its  laws,  which  are  but  expressions  of  public  sentiment,  therefore 
how  important  that  such  sentiment  should  have  a  proper  bias.  Although 
a  common  household  word,  the  term  Education  was  not  properly  realized 
in  all  its  proper  bearing,  and  to  this  he  enjoined  attention. 

Seldom  have  we  listened  with  so  great  pleasure  to  a  public  lecture 
on  any  occasion,  and  we  rejoice  that  the  opening  lecture  before  our 
Lyceum  has  been  one  of  such  great  acceptance.  We  may  now  hope  to 
see  it  go  on  prosperously,  and  as  was  very  properly  remarked  by  the 
President,  Prof.  Davies,  it  may  be  regarded  as  the  commencement  of  a 
new  era  in  our  community,  affording  pleasures  and  privileges  beyond 
anything  ever  before  enjoyed.  A  vote  of  thanks  was  unanimously 
voted  to  the  able  lecturer,  and  the  next  lecture  was  announced  to  be  in 
about  two  weeks,  of  which  due  notice  will  be  given. — FishTdtt  Landing 
Standard. 


AND  COLLATERAL  REMINISCENCES.  295 

by  conferring  on  me  the  degree  of  Doctor  of  Laws.  This  was 
the  second  time  I  had  been  so  noticed.  The  first  one  was  by 
Geneva,  now  Hobart  College,  and  already  mentioned. 

My  exercise  this  year  consisted  mainly  in  working  in  my 
garden,  and  assisting  occasionally  on  the  farm.  Your  mother 
and  I  frequently  rode  together  on  horseback,  also  in  a  carriage, 
and  then  generally  took  some  of  the  children  with  us.  I  often 
went  with  some  of  the  children  to  the  lake  to  fish. 

John  remained  at  college  this  year.  Samuel  C.  was  still 
abroad  on  the  ocean.  The  other  children  attended  schools  in 
the  village.  Your  mother's  health  was  not  as  good  as  we 
could  wish.  She  and  I  left  home  on  the  24th  of  May  to  visit 
our  relatives  in  the  city  of  New  York  and  state  of  New  Jersey, 
but  mainly  to  relieve  her  for  awhile  from  constant  duties  at 
home,  and  give  her  an  opportunity  for  recreation  and  the  im- 
provement of  her  health.  We  remained  at  the  East  with  our 
relatives  till  the  16th  of  June.  We  had  a  charming  visit 
with  them  and  our  friends  in  the  city,  and  at  Orange,  Spring- 
field, and  Weston  in  New  Jersey.  The  particulars  of  this 
visit  will  be  found  in  my  diary.  Your  mother's  health  was 
greatly  improved,  and  almost,  if  not  quite,  restored,  by  this 
relief  from  domestic  care  and  duty  and  the  enjoyment  of  the 
society  of  our  relatives  and  friends. 

I  went  to  Schenectady  in  July  to  deliver  my  address,  and 
spent  four  days  there  agreeably.  My  daughters,  Euphemia 
and  Mary,  were  with  me.  They  made  a  visit  to  the  daughters 
of  a  friend,  at  whose  house  they  staid,  while  I  was  a  guest  of 
friends  at  the  college.  When  I  went  to  Fishkill  Landing,  the 
last  of  October,  to  deliver  my  address,  your  mother  accom- 
panied me.  We  spent  a  few  days  there  pleasantly,  with  my 
nephew  and  niece,  Mr.  and  Mrs.  Prof.  Davies.  We  went  from 
there  to  the  city  and  passed  a  few  days  before  returning 
home. 

My  religious  duties  were  discharged  this  year  much  as  they 
had  been  in  previous  years,  and  my  progress,  if  any,  in  holi- 
ness and  purity  of  life  about  the  same.  A  few  extracts  from 
my  diary  will  show  this : 


296  AUTOBIOGRAPHY 

Saturday,  January  1st. — "  Blessed  Father,  again  and  for  another 
year  I  commit  myself  and  mine  to  thy  holy  keeping — watch  over 
us,  let  no  evil  befall  us,  and  do  more  and  better  for  us  than  I  can 
think  or  ask.  Grant  these  petitions  for  my  dear  Kedeemer's 
sake." 

Saturday,  April  30th.  This  day  closing  my  fiscal  year,  I  footed 
my  account  of  receipts  and  expenses,  and  say,  "  A  kind  Provi- 
dence has  abundantly  supplied  all  my  wants,  and  I  record  my 
deep  sense  of  His  goodness." 

Tuesday,  May  24th.  The  day  Mrs.  Foot  and  I  left  home  for 
our  visit  to  our  relatives  at  the  East. — "  Gracious  God,  I  commit 
myself,  my  dear  companion,  and  our  children  to  thy  care  and 
keeping  on  our  journey  and  during  our  absence.  Watch  over  us, 
I  entreat  thee,  and  permit  me  and  my  companion  to  return  to  our 
home  and  family  in  peace  and  safety." 

Thursday,  June  16th.  The  day  Mrs.  Foot  and  I  returned  from 
our  visit  to  the  East. — "  "We  found  our  family  quite  well.  To  thee, 
0  God,  I  am  indebted  for  all  these  blessings,  and  to  thee  I  return 
thanks  for  them." 

Friday,  July  29th.  The  day  I  returned  from  Schenectady, 
and  after  an  account  of  the  occurrences  which  transpired  while  I 
was  there. — "  Gracious  God,  thou  Giver  of  every  good  and  perfect 
gift,  I  thank  thee  for  all  these  temporal  blessings.  May  they  be 
the  means  of  extending  my  usefulness,  and  enable  me  to  promote 
the  good  of  my  fellow-men." 

Monday,  September  12th.  The  day  Alfred  left  home  to  enter 
Dr.  Reed's  school.—"  0  God,  follow  him  with  thy  blessing." 

Thursday,  November  24th.  Thanksgiving  day. — "God  has 
crowned  the  year  with  prosperity  and  fullness  to  me  and  mine. 
All  the  wants  of  my  family  have  been  fully  supplied,  and  my 
property  considerably  increased.  Gracious  God,  I  return  thee 
sincere  and  hearty  thanks  for  thy  goodness  and  mercy  to  me  and 
mine  during  the  year  past." 


AND  COLLATERAL  REMINISCENCES.  297 


18S4. 

My  time  this  year  was  occupied  mainly  as  in  the  year 
before.  There  were,  however,  two  considerable  variations— 
First.  My  professional  engagements  did  not  take  me  so  often, 
nor  so  long  from  home,  nor  require  so  much  of  my  time  at 
home.  Second.  More  time  was  devoted  to  the  instruction  of 
my  children,  especially  to  their  religious  instruction. 

Next  to  my  profession  and  the  reading  and  study  which  it 
required,  domestic  matters,  social  duties,  and  the  instruction 
of  my  children  occupied  my  time  at  Geneva.  While  these 
were  the  leading  objects  of  attention,  other  duties  received 
their  share  of  time  and  attention.  Among  them  were  general 
reading,  the  affairs  of  the  church,  and  joining  my  children  in 
their  amusements  and  exercises.  Nor  should  I  omit  to  men- 
tion, that  this  summer  I  made  arrangements  for  a  dancing- 
school,  to  be  kept  during  July,  August,  and  September  in  our 
play-house,  for  the  benefit  of  our  older  children.  We  invited 
those  of  our  neighbors,  whose  children  associated  with  us,  to 
join  in  the  school,  which  they  did  in  sufficient  number  to  make 
two  quadrilles.  The  object  of  this  school  was  not  so  much  to 
teach  our  children  how  to  dance  as  to  improve  their  carriage 
and  manners.  Mrs.  Foot  and  I  gave  considerable  attention  to 
it,  and  were  generally  present  during  the  hours  of  instruction. 

The  common  schools  of  the  village  having  been  satisfac- 
torily organized,  required  no  more  of  my  time,  and  I  received 
in  January  a  formal  resolution  of  thanks  from  the  trustees,  for 
the  part  I  had  taken  in  the  matter. 

I  attended  but  one  term  of  the  Court  of  Appeals  this  year 
at  Albany.  The  rest  of  my  absences  from  home  on  profes- 
sional business  were  at  New  York,  and  at  courts  in  the  western 
part  of  the  state,  at  which  I  had  more  engagements  than 
ever  before.  Keferences  also  this  year  took  up  considerable 
time.  I  heard  several  cases  in  adjoining  counties  as  well 
as  in  Geneva. 


298  AUTOBIOGRAPHY 

My  views  on  the  subject  of  slavery  underwent  a  great 
change  this  year,  as  already  mentioned  in  my  account  of  the 
year  1831,  and  for  the  reasons  there  stated.  Early  in  March 
this  year,  I  wrote  Mr.  Weed,  the  leading  editor  of  the  Albany 
Evening  Journal,  in  regard  to  future  action  on  this  subject.0 

My  son  Samuel  C.  returned  from  his  long  voyage  at  sea  of 
nearly  two  years  early  in  March.  His  ship  came  into  port  at 
Baltimore,  Md.  I  went  there  to  meet  him,  and  came  home 
with  him.  He  was  well  and  happy — had  discharged  his  duties 
satisfactorily  during  the  whole  time,  and  received  the  unquali- 
fied commendation  of  the  officers  of  the  ship. 

Early  in  August  I  received  and  accepted  an  invitation  from 
an  association  of  prominent  gentlemen  of  the  town  of  Water- 
town,  Conn,  (my  native  town),  to  deliver  an  address  on  the 
dedication  of  a  new  cemetery,  which  they  had  established  in 


*  GENEVA,  March  13th,  1854. 

THURLOW  WEED,  Esq. 

DEAR  SIR  : — Allow  me  to  suggest  for  your  consideration,  two  princi- 
ples or  fundamental  propositions  as  a  basis  for  future  action  : 

First.  The  repeal  of  all  laws  repealable  affecting  slavery,  which  have 
been  passed  on  the  footing  of  compromise. 

Second.  The  exertion  of  the  constitutional  powers  of  the  General 
Government  in  restraint  and  limitation  of  slavery,  and  its  aristocratic 
appurtenant  of  representation  founded  on  property. 

The  first  proposition  follows  from  the  breach  of  faith  which  the  late 
vote  of  Senators  from  the  slave  states  accomplished,  and  the  second  is 
wise  and  just,  because  necessary  to  put  an  end  to  agitation  on  slavery, 
as  it  never  will  cease  till  it  is  settled  that  slavery  can  cover  no  more  terri- 
tory, nor  obtain  any  further  admission  into  the  Union ;  and  because  the 
framers  of  the  Constitution  did  not  intend,  and  the  true  spirit  of  that 
instrument  does  not  allow,  representation  founded  on  slave  property, 
and  the  inequality  in  that  respect  between  the  free  and  slave  states,  to 
extend  beyond  the  slave  states  which  formed  a  part  of  the  old  Thirteen. 

Allow  me  one  other  suggestion :— A  series  of  numbers  in  your  paper, 
brief  and  to  the  point,  no  one  exceeding  half  a  column,  showing  the  in- 
justice to  the  free  states  of  this  unequal  representation,  would  go  far  to 
put  the  public  mind  right  in  the  approaching  contest. 
Respectfully  and  truly  yours, 

SAM'L  A.  FOOT. 


AND  COLLATERAL  REMINISCENCES.  299 

that  town.  This  address  I  prepared  with  care  as  opportunity 
offered  during  the  month  of  August,  and  at  the  close  of  that 
month  went  to  Watertown,  and  on  the  4th  of  September,  the 
day  being  beautiful,  delivered  it  on  the  ground  in  the  presence 
of  a  large  assembly.  It  was  well  received,  far  better  than  I 
expected.  I  received  the  thanks  of  the  association.  They 
requested  a  copy  of  the  address  for  publication.  It  was  given, 
published,  and  extensively  circulated.  It  is  No.  43  of 
"  Papers  Written  by  me."  Your  mother,  who  was  with  me, 
said  I  delivered  it  with  deep  feeling.  The  occasion  was  an 
interesting  one  to  me,  for  the  reasons  which  appear  in  the 
address. 

In  the  month  of  October  this  year  Mrs.  Foot  and  I  made 
a  visit  to  my  sister,  Mrs.  York,  and  other  relatives  at  Ogdens- 
burgh — mainly,  however,  to  view  the  grave  of  my  mother,  and 
the  tombstones  placed  over  it  at  my  request  in  the  new  ceme- 
tery near  the  village. 

No  material  change  occurred  this  year  in  the  education  of 
our  children.  John  remained  at  Williams  College.  Samuel 
C.  resumed  his  studies  in  the  college  of  this  village  after  his 
return  from  sea.  The  other  children  continued  at  school  in 
this  village. 

This  year  forms  somewhat  of  an  era  in  my  religious  read- 
ing. In  my  diary  of  the  10th  of  January  I  find  this  entry  : 
"  Having  some  few  years  since  read  what  is  commonly  called 
'  Scott's  Bible,'  that  is,  the  Holy  Scriptures  with  the  Rev. 
Thomas  Scott's  Notes  and  Practical  Observations,  and  having 
lately  read  the  Bible  through  in  course,  and  finished  the  last 
chapter  yesterday  morning,  I  have  determined  to  read  the 
Bible  with  Henry's  Exposition,  and  to  use  the  Philadelphia 
edition  of  1828  which  I  own." 

Heavenly  Father,  help  me  to  read  with  a  devout  and 
teachable  spirit,  and  may  thy  holy  word  prove  "A  savour  of 
life  unto  life  "  to  my  sinful  soul. 

A  few  extracts  from  my  diary  will  show  my  spiritual  state, 
my  dependence  on  God,  and  my  desire  to  live  in  submission 
to  His  will : 


300  AUTOBIOGRAPHY 

February  2d,  Thursday. — "  Attended  prayer-meeting  last  even- 
ing. Led  in  prayer,  and  felt  and  enjoyed  communion  with  my 
Heavenly  Father." 

March  llth,  Saturday.  After  arriving  at  home  from  Balti- 
more, Md.,  with  Samuel  C. — "  Gracious  God,  thou  hast  been  very 
good  to  my  dear  son,  and  returned  him  to  his  home  safely  and 
happily.  I  desire  to  record  my  devout  and  sincere  thanks  to  thee 
for  thy  kind  dealings  with  him.  Oh  grant  me  one  more  blessing 
— fill  him  with  thy  Spirit,  and  turn  him  to  thee  with  a  full  and 
devout  heart.  I  ask  it  for  Christ's  sake." 

May  17th,  Wednesday.  On  returning  from  the  city  after  an 
absence  of  some  days. — "  All  things  have  occurred  happily  for  me 
in  my  absence.  I  found  my  family  well  and  happy.  To  thee,  0 
God,  do  I  return  deep  and  sincere  thanks  for  thy  kind  dealings 
with  me  and  mine," 

June  29th,  Thursday.  The  day  of  leaving  home  for  the  city 
to  be  engaged  there  for  some  days. — "  Gracious  God,  protect  me 
amid  the  perils  of  my  journey,  and  permit  me  to  return  safely  to 
my  home  and  family.  I  ask  it  for  Christ's  sake." 

September  15th,  Friday.  On  the  return  of  Mrs.  Foot  and  my- 
self from  Connecticut. — "  We  have  had  a  pleasant  trip  and  returned 
safely.  Gracious  God,  I  thank  thee  for  thy  care  over  us,  for  pro- 
tecting us  and  our  children  during  our  absence,  and  permitting  us 
to  return  to  our  home  safely  and  happily.  Oh  watch  over  us  and 
our  children,  and  prepare  us  and  them  for  life  and  death,  and 
accept  of  us  all  for  Jesus'  sake." 

November  30th,  Thursday. — "  This  is  the  day  set  apart  by  the 
Governor  of  our  state  to  return  thanks  to  God  for  his  mercies  and 
favors  during  the  past  year.  They  have  been  bestowed  with  a 
bountiful  hand  on  me  and  mine,  and,  gracious  God,  I  desire  here 
to  record  my  profound  thanks  to  thee  for  the  many  temporal  and 
spiritual  blessings  bestowed  on  me  and  mine  during  the  past  year, 
unworthy  as  I  am  of  the  very  least  of  thy  favors.  Oh  forgive  me 
my  sins  and  shortcomings  in  duty,  for  Christ's  sake." 


AND  COLLATERAL  REMINISCENCES.  301 


1855. 

Several  events  distinguished  this  year  from  other  years  of 
my  life,  both  as  regards  myself  and  our  three  oldest  children. 
I  will  state  them  in  their  chronological  order. 

In  the  month  of  February  I  avowed  myself  publicly  in 
favor  of  a  prohibitory  law  for  the  suppression  of  intemperance. 
This  was  done  by  a  letter  addressed  to  Edward  C.  Delavan, 
Esq.,  the  eminent,  liberal,  and  efficient  supporter  and  advo- 
cate of  the  cause  of  temperance,  at  his  request,  and  which, 
with  other  letters  from  distinguished  gentlemen  on  the  same 
subject,  was  published  by  him  and  extensively  circulated. 

It  is  No.  44  of  "  Papers  Written  by  me." 

Our  daughter  Euphemia,  having  so  far  completed  her 
education  as  to  leave  school,  your  mother  and  I  determined  on 
an  excursion  with  her,  as  well  for  our  own  gratification  and 
recreation,  as  to  give  her  an  opportunity  to  see  something  of 
the  world  and  visit  our  relatives  at  the  East.  We  left  home 
on  the  14th  of  June,  went  to  Saratoga  Springs  and  took  lodg- 
ings at  Congress  Hall.  We  passed  several  days  there  very 
agreeably.  We  then  went  to  Ballston  Spa,  and  spent  a  day 
there  with  my  niece,  Mrs.  Booth,  her  husband  and  their 
family.  From  there  we  went  to  the  Catskill  Mountain 
House,  where  we  met  some  agreeable  acquaintances,  and 
passed  several  days  pleasantly.  We  then  went  to  New  York, 
but  only  remained  there  long  enough  to  dine,  and  proceeded 
to  Millburn,  N.  J.,  to  visit  our  sister,  Eliza  Campbell.  We 
remained  with  her  several  days  and  then  went  to  Weston, 
N.  J.,  to  visit  our  friends  and  relatives,  Mr.  and  Mrs.  Cornell. 
After  passing  some  days  with  them,  your  mother  and  I  came 
home,  leaving  Euphemia  to  make  a  longer  visit. 

John  completed  his  collegiate  course  in  the  latter  part  of 
July,  and  came  home  from  Williamstown.  He  went  back  for 
a  few  days  about  the  middle  of  August  to  attend  commence- 
ment, in  which  he  took  a  part,  and  receive  his  diploma. 


302  AUTOBIOGEAPHY 

Early  in  August  Samuel  C.  went  to  New  York  to  engage 
as  a  clerk  in  mercantile  business,  his  mother  having  succeeded 
in  persuading  him  to  give  up  a  mariner's  life. 

In  the  forepart  of  July  I  received  and  accepted  an  invita- 
tion from  the  "  St.  Lawrence  Agricultural  Society  "  to  deliver 
an  address  before  that  Society  at  their  agricultural  fair,  to  be 
held  at  Canton  in  that  county  the  latter  part  of  September. 
I  wrote  this  address  during  the  month  of  August,  and  com- 
pleted it  on  the  1st  day  of  September. 

On  the  10th  of  September  John  and  I  went  to  the  city, 
he  to  commence  his  professional  studies  and  remain  there,  I 
to  attend  to  some  professional  business,  and  see  him  and 
Samuel  C.  properly  settled  for  the  winter.  I  was  occupied  in 
the  city  some  eight  days  and  then  returned  to  Geneva.  On 
the  25th  of  September  I  left  home  for  Ogdensburgh.  After 
passing  a  day  there  with  my  relatives,  1  went  with  my  sister, 
York,  my  niece,  Mrs.  Kanney,  and  some  friends  to  Canton, 
and  delivered  my  address  there  on  the  28th  of  that  month, 
before  an  immense  audience  of  some  six  or  eight  thousand 
people.  The  address  was  well  received.  The  Society  pub- 
lished it  in  pamphlet  form,  and  gave  it  a  wide  circulation. 

It  is  No.  45  of  "  Papers  Written  by  me." 

On  the  16th  of  October  a  Republican  Convention  of 
Ontario  County  nominated  me  for  the  office  of  County  Judge, 
which  I  declined,  not  because  it  was  of  a  lower  grade  than  the 
judicial  office  I  had  previously  held,  but  because  my  engage- 
ments were  such  that  I  could  not  discharge  its  duties. 

On  the  20th  of  October  I  was  nominated  as  the  Republi- 
can candidate  for  Member  of  Assembly  for  the  Eastern  Dis- 
trict of  the  County.  I  had  not  before  that  time  identified 
myself  by  any  public  act  with  the  Republican  party,  but  had 
frequently  expressed  to  friends  my  approval  of  its  principles 
and  objects.  I  concluded  to  accept  the  nomination,  and 
openly  and  publicly  become  a  member  of  the  Republican 
party. 

In  my  letter  to  the  committee,  who  communicated  my 
nomination  to  me,  I  assigned,  with  considerable  fullness,  my 


AND  COLLATERAL  REMINISCENCES.  303 

reasons  for  joining  the  Eepublican  party.  This  letter  was 
printed  and  extensively  circulated.  It  was  also  published  in 
the  leading  Eepublican  journals,  and  highly  commended.  The 
Eepublican  committee  of  the  District  of  Columbia  published 
a  large  edition  of  it,  and  circulated  it  as  a  campaign  document. 

It  is  No.  46  of  "  Papers  Written  by  me." 

I  was  elected  a  Member  of  Assembly  at  the  following 
November  election. 

My  time  was  employed  this  year  mainly  as  in  the  previous 
one.  My  profession  required  and  received  much  the  largest 
portion  of  it.  Professional  engagements  took  me  frequently 
from  home,  and  for  several  days  at  a  time — twice  to  Albany 
in  January,  to  argue  causes  in  the  Court  of  Appeals — several 
times  to  New  York,  where  I  had  this  year  more  professional 
business  than  usual — four  times  to  Eochester — three  to  Canan- 
daigua,  where  I  was  occupied  altogether  twelve  or  fifteen  days 
— once  to  Lyons,  Wayne  County — once  to  Penn  Yan,  Yates 
County,  and  once  to  Ithaca,  Tompkins  County,  where  I  was 
engaged  several  days  in  the  argument  of  an  important  cause. 
I  heard  and  decided  as  sole  referee  this  year  a  large  number  of 
actions,  and  on  several  occasions  went  into  adjoining  counties 
to  take  the  testimony  and  hear  the  arguments  of  counsel. 

One  professional  engagement  this  year  was  of  an  unusual 
character.  While  in  New  York  in  April  I  was  retained  by 
the  owners  of  property  on  Broadway  to  accompany  a  com- 
mittee from  them  to  Albany,  and  assist  in  defeating  a  law 
which  had  already  passed  the  Assembly,  to  establish  a  rail- 
road in  Broadway.  This  engagement  detained  me  in  Albany 
several  days.  We  accomplished  our  object. 

The  opportunity  which  the  discharge  of  this  duty  gave 
me  to  see  how  much  good  an  upright  legislator  could  accom- 
plish at  Albany,  was  one,  and  I  think  I  can  truly  say,  the 
prevailing  consideration  which  induced  me  to  go  to  the  Legis- 
lature the  two  following  years. 

Among  other  professsonal  services  of  the  year  was  one  for 
the  American  Home  Missionary  Society,  which  I  rendered 
gratuitously,  and  received  a  formal  resolution  of  thanks, 


304  AUTOBIOGRAPHY 

passed  by  the  executive  committee  of  the  Society,  and  a  cor- 
dial letter  from  the  secretary  communicating  it. 

My  time  at  Geneva  not  given  to  my  profession  was  divided 
between  domestic  matters,  reading,  social  duties  and  enjoy- 
ments, instructing  my  children,  and  joining  them  in  their 
recreations  and  amusements. 

The  affairs  of  the  church  also  continued  to  receive  my 
attention. 

A  few  extracts  from  my  diary,  showing  how  my  religious 
duties  were  performed,  and  my  progress,  if  any,  in  holiness  of 
life,  will  complete  the  account  of  the  year  : 

January  2d,  Tuesday. — With  the  aid  and  blessing  of  my 
Heavenly  Father,  I  hope  to  pass  the  present  year  better  than  any 
previous  one." 

March  19th,  Monday. — "We  have  changed  our  hour  for  even- 
ing prayers  on  Sabbath  evening  to  7  o'clock,  so  as  to  have  Samuel 
C.  and  Alfred  with  us.  This  hour  precedes  the  time  Samuel  C. 
goes  to  college  and  Alfred  to  Dr.  Keed's,  and  is  a  pleasant  mode  of 
closing  the  duties  of  the  day." 

April  3d,  Tuesday.  On  leaving  home  for  the  city  on  profes- 
sional business. — "  Gracious  God,  I  commit  myself  and  my  family 
to  thy  paternal  care ;  preserve  us,  I  entreat  thee,  and  allow  us  to 
meet  again  in  peace  and  joy.  I  ask  it  for  the  Saviour's  sake." 

April  13th,  Friday.  On  my  return  from  the  city.— "I  thank 
thee,  0  God,  for  preserving  me  and  mine  during  my  absence,  and 
permitting  me  to  join  my  family  again  in  health  and  peace." 

MEMORANDUM. — My  diary  shows,  that  always  on  leaving  home 
and  on  returning,  I  offered  and  recorded  prayers  similar  to  the 
above,  and  shall  omit  mentioning  them  hereafter. 

April  30th,  Monday. — "  This  day  is  my  eldest  son's  birthday. 
He  enters  to-day  on  his  twenty-first  year,  and  gives  promise  of 
respectability  and  usefulness.  I  thank  thee,  0  God,  for  sparing 
his  life  and  enabling  him  to  acquire  an  education.  Oh  send  thy 
Spirit  upon  him  with  power,  give  him  a  new  heart,  and  make  him 
a  true  child  of  thine  in  Christ." 

June  llth,  Monday. — "Spent  my  Sabbath  yesterday  as  usual 
when  at  home,  and  I  am  happy  to  believe  better  than  I  usually 
do.  My  usual  mode  of  passing  my  Sabbath  now  is  as  follows: — 


AND  COLLATERAL  REMINISCENCES.  305 

First.  Reading  myself,  with  all  the  children  who  can  read,  a  chap- 
ter in  the  Bible,  each  reading  a  verse  in  succession.  Second.  Pray- 
ers— the  oldest  son  present  commencing  by  repeating  the  Lord's 
prayer.  Third.  After  breakfast  and  before  the  children  go  to 
Sunday-school,  I  hear  the  little  boys  repeat  their  Catechism. 
Fourth.  Immediately  following  the  afternoon  service  in  church,  I 
hear  the  younger  children  repeat  what  they  can  remember  of  the 
sermons,  and  the  older  children  in  a  Bible  lesson,  at  which  I  ex- 
plain some  portion  of  Scripture.  I  am  now  on  the  Parables.  Fifth. 
Sacred  music  and  prayers  about  7A  o'clock.  I  enjoyed  greatly  my 
Sabbath  yesterday,  and  especially  the  services  at  church.  They 
were  conducted  delightfully  by  our  pastor." 

July  4th,  Wednesday.  On  the  return  of  Mrs.  Foot  and  myself 
from  our  tour  and  visit  with  our  daughter  Euphemia. — "  To  thee, 
0  God,  do  I  give  deep  and  sincere  thanks  for  the  pleasure  of  this 
tour  and  visit.  Thou  art  the  Giver  of  every  good  and  perfect  gift. 
Enable  me  to  realize  this  truth  and  act  accordingly.  Forgive  my 
sins,  and  accept  of  me  for  Jesus'  sake." 

August  6th,  Monday. — "  This  day  my  second  son,  Samuel  C., 
is  to  leave  home  to  commence  life  for  himself.  He  is  going  to  the 
city.  Gracious  God,  I  commit  him  to  thee ;  receive  him,  watch 
over  him,  and  bless  him.  I  ask  it  for  Christ's  sake." 

September  10th,  Monday. — "My  son  John  accompanies  me 
to  the  city  to-day.  He  is  to  commence  his  professional  studies 
there  and  begin  life  for  himself.  0  God,  I  commit  him  to  thy 
care.  Pour  thy  Spirit  upon  him  and  make  him  a  child  of  thine, 
through  Jesus  Christ,  thy  Son,  his  Saviour." 

October  22d,  Monday.  After  my  nomination  for  Member  of 
the  Assembly. — "  I  hope  and  trust  that  being  a  candidate  for  a 
popular  office  will  not  draw  me  from  religious  duties.  Gracious 
God,  watch  over  me,  I  entreat  thee,  and  give  me  the  aid  of  thy 
Spirit  to  keep  in  the  path  of  Christian  duty." 

November  23d,  Friday.  After  my  election  was  ascertained. — 
"This  election  opens  a  new  and  wide  field  of  usefulness  to  me  this 
winter.  I  hope  to  fill  it  worthily,  and  to  that  end,  I  pray  my 
Heavenly  Father  to  give  me  wisdom  from  above  and  direct  me  in 
all  my  ways." 

November  29th,  Thursday. — "  This  is  Thanksgiving  day,  and 
I  desire  to  record  my  deep  and  devout  thanks  to  my  Heavenly 
20 


306  AUTOBIOGRAPHY 

Father  for  the  abundance  of  all  things  which  he  has  given  to  me 
and  mine  the  past  year.  0  God,  be  merciful  to  me,  and  continue 
thy  favors,  unworthy  as  I  am,  and  accept  of  me  and  mine,  for 
Christ's  sake." 


1856. 

This  was  a  very  busy  year  for  me.  My  time  was  wholly 
occupied,  principally  in  legislative,  professional,  and  social 
duties.  Domestic  matters,  embracing  mainly  the  care  of  my 
large  family,  demanded  some  of  my  time.  Politics  also  again 
this  year  interested  me  and  received  considerable  attention. 
The  affairs  of  the  church,  too,  required  some  of  my  time.  Nor 
did  I  neglect  general  and  professional  reading.  Only  a  few 
days  on  two  different  occasions,  which  will  be  hereafter  men- 
tioned, were  spared  for  rest  and  recreation. 

On  the  31st  of  December,  1855,  I  went  to  Albany,  and  on 
the  next  day,  1st  of  January,  1856,  commenced  my  duties  as  a 
legislator,  and  continued  at  this  post  of  duty  till  the  9th  of 
April,  when  the  session  of  the  Legislature  closed.  I  took 
rooms  at  Congress  Hall,  and  passed  my  time  pleasantly, 
though  I  labored  assiduously  in  the  discharge  of  my  duties. 
I  was  chairman  of  the  judiciary  committee,  which  cast  upon 
me  a  large  amount  of  labor.  Besides  the  duties  which  de- 
volved upon  me  as  an  ordinary  legislator,  my  professional  and 
judicial  standing  subjected  me  to  heavy  exactions  on  my  time. 
I  made  it  a  rule  to  be  present  always,  when  the  Assembly  was 
in  session,  and  to  understand  and  attend  to  every  proceeding. 
I  was  absent  only  twice  during  the  session,  viz.,  two  days  in 
January  and  one  day  in  February,  on  each  of  which  occasions 
I  was  obliged  to  go  to  New  York  to  argue  a  cause  in  which 
my  services  could  not  be  dispensed  with. 

The  journals  of  the  Assembly  contain  a  brief,  though  full 
and  accurate,  account  of  my  legislative  action.  I  spoke  often, 
yet  only  when  it  clearly  appeared  to  me  I  could  aid  the  house 
in  forming  a  correct  judgment  on  the  measure  before  it,  and 
ihen  always  briefly,  and  directly  to  the  point  under  considera- 


AND  COLLATERAL  REMINISCENCES.  3Q7 

tion.  This  course  always  secured  for  me  the  attention  of  the 
house,  when  I  rose  to  speak. 

I  will  mention  a  few  of  the  measures  which  were  intro- 
duced and  carried  through  by  me,  and  for  which  I  was  com- 
mended. 

The  first  related  to  the  printing  of  the  journals  of  the 
Senate  and  Assembly.  No  better  account  of  the  matter  can 
be  given  than  that  contained  in  the  following  extract  from  the 
Albany  Morning  Express  of  January  24th,  1856  : 

"  We  trust  none  of  our  readers  failed  to  read  the  admirable 
speech  of  Mr.  Foot  on  this  subject,  delivered  in  the  house  on 
Tuesday,  and  reported  in  yesterday's  Express.  Eor  the  benefit 
of  those  who  did  not,  we  shall  offer  a  word  or  two  of  explanation. 

"It  appears,  in  the  first  place,  that  the  persons  charged  with 
printing  the  journal  and  proceedings  of  the  house  have  been  yen- 
negligent  in  the  discharge  of  their  duty.  Over  three  weeks  of  the 
session  have  passed,  and  yet  no  journals  of  any  day's  proceedings 
have  been  laid  upon  the  desks  of  the  members.  Mr.  Foot  stated, 
that  near  the  close  of  the  last  session  he  had  occasion  to  examine 
the  journals  of  the  house,  when  he  ascertained  that  none  of  them 
had  been  printed,  and  he  found  them  in  manuscript  and  in  piles 
in  the  office  of  the  contractor,  Mr.  Van  Benthuysen ;  some  in 
drawers,  and  some  not. 

"  That  there  is  a  manifest  neglect  of  duty  in  this  business,  is 
plain  from  a  standing  rule  of  the  house,  which  provides  that '  the 
journal  of  each  day's  proceedings  of  the  house  shall  be  printed  so 
that  it  shall  be  left  on  the  tables  of  the  members  within  four  days 
after  its  approval,  and  the  sergeant-at-arms  shall  cause  the  printed 
journals  to  be  kept  on  file,  in  the  same  manner  as  other  printed 
documents/ 

«We  trust  that  the  committee  appointed  to  investigate  this 
subject  will  discharge  their  duties  thoroughly,  and  that  they  will 
throw  a  little  light  upon  the  details  of  this  printing  business." 

The  second  related  to  the  taxes  levied  in  the  city  of  New  York. 
I  introduced  the  subject  by  the  following  speech,  which  will  ex- 
plain the  whole  subject : 

«Mr.  DTTGANJTE  introduced  a  bill  to  enable  the  Supervisors  of 
New  York  to  raise  money  by  tax. 


308  AUTOBIOGRAPHY 

"  Mr.  FOOT  rose  and  said :  I  move  that  this  bill,  being  the  tax 
bill  for  the  city  of  New  York  for  the  year  1856,  be  referred  to  a 
special  committee  consisting  of  two  members  from  the  city  of  New 
York,  and  of  three  members  from  other  parts  of  the  state.  Having 
passed  eighteen  years  of  active  life  in  the  city  of  New  York,  my 
productive  property  being  mainly  there,  and  retaining  still  a  place 
of  business  in  her  great  thoroughfare,  Broadway,  where  I  pass  a 
portion  of  my  time,  I  have  a  right  to  be  heard,  and  a  duty  to 
perform  on  all  measures  affecting  her  welfare.  Our  commer- 
cial metropolis  is  identified  with  the  character,  interests,  and 
prosperity  of  the  state.  Its  government  has  become  a  by-word 
and  reproach  throughout  the  state  and  country.  Until  the  last 
twelve  or  fifteen  years  executive  and  legislative  offices  in  the  city 
were  deemed  honors  by  all,  and  none  but  men  of  the  highest  char- 
acter were  considered  worthy  of  them.  Then  the  finances  of  the 
city  were  economically  managed.  With  a  population  in  1845  of 
371,000,  the  whole  amount  of  tax  raised  was  somewhat  less  than 
$2,000,000.  This  year,  with  a  population  of  630,000,  the  city 
government  asks  the  legislature  to  allow  it  to  raise  by  tax  over  six 
and  a  half  millions  of  dollars.  The  amount  is  enormous  and  start- 
ling. A  request  to  the  sovereign  power  of  the  state  to  force  by  law 
such  a  monstrous  sum  from  the  income  and  earnings  of  only  one- 
sixth  part  of  our  population  is  appalling ;  and  when  it  is  consid- 
ered that  of  this  immense  sum  all  but  $800,000  of  the  city's  pro- 
portion of  the  state  tax  is  asked,  to  meet  the  expenses  of  the  city 
government,  the  spirit  sinks  and  the  heart  is  faint — the  patriot  and 
advocate  of  self-government  is  filled  with  distrust — is  alarmed  at 
the  prospect,  and  fears  the  result  of  the  great  experiment  we  are 
making  on  the  ability  of  a  people  to  govern  themselves.  The  esti- 
mated expenses  of  our  state  government  for  this  year,  including 
its  noble  charities  of  $222,000,  are  only  $1,574,000;  less  than  one- 
third  asked  for  the  expenses  of  the  city  government.  Thus  it  is 
seen  that  the  state  governs  well  3,470,000,  and  entirely  2,800,000 
people,  for  less  than  one-third  asked  to  govern  wretchedly  630,000. 
If  the  city  were  now  governed  as  economically  as  it  was  in  1844 
and  previously,  in  proportion  to  its  population,  the  sum  required 
this  year  would  be  $3,400,000,  whereas  the  sum  asked  exceeds 
$6,500,000.  Hence  more  than  $3,000,000  will  be  drawn  by  law 
from  the  taxable  inhabitants  of  the  city  of  New  York  for  wasteful 


AND  COLLATERAL  REMINISCENCES.  309 

if  not  corrupt  purposes,  if  the  Legislature  does  not  interpose  and 
refuse  its  sanction  to  such  wholesale  plunder  and  oppression.  My 
sober  judgment  is,  that  if  the  Legislature  does  not  interfere  and 
refuse  to  allow  the  municipal  government  of  New  York  to  draw 
such  immense  sums  from  the  industry  and  enterprise  of  the  people, 
the  city  will  be  ruined.  Capital  will  seek  employment  elsewhere, 
enterprise  droop,  and  industry  find  occupation  where  its  earnings 
will  be  more  secure.  The  city  feels  the  evils  of  bad  government, 
is  chafed  and  restless.  Seeing  other  cities  and  the  rest  of  the 
country  economically  and  well  governed,  the  inhabitants  naturally 
think  the  fault  is  in  the  structure  of  their  government,  and  have, 
within  the  last  twelve  years,  altered  the  charter  several  times,  and 
now  propose  to  alter  it  again.  But,  alter  it  as  they  may,  they  will 
never  have  a  better  government  while  their  officials  are  allowed  to 
handle  $6,000,000  of  money  a  year.  I  have  looked  over  the  list  of 
items  in  this  bill.  While  the  city  government  should  be  allowed 
to  have  all  they  ask  for  educational  purposes  and  to  meet  their 
engagements,  yet  it  seems  to  me  they  may  and  should  be  restricted 
in  a  great  many  of  the  expenditures  they  propose.  For  instance, 
they  ask  for  $260,000  to  clean  streets — give  them  $500.000  for  that 
object  and  they  would  expend  it  all.  Give  them  but  $150,000  and 
the  streets  will  be  kept  just  as  clean.  They  ask  $1,000,000  nearly 
for  their  Almshouse — give  them  $2,000,000,  and  there  will  be 
mouths  to  feed  and  officers  to  spend  it  Eeduce  it  to  $750,000  or 
$500,000,  and  the  poor  will  be  just  as  well  taken  care  of.  They  ask 
for  $370,000  for  salaries.  Eeduce  it  875,000,  and  the  salaries  in 
proportion,  and  the  city  will  be  just  as  well  served.  At  any  rate, 
let  us  refer  the  subject  to  a  suitable  committee  to  inquire  and  report 
to  us  the  result  of  their  investigation.  As  the  question,  whether 
the  Legislature  shall  take  a  more  active  supervision  over  the  city 
government  than  it  has  done  heretofore  is  a  grave  one,  and  involved 
in  the  motion  before  the  house,  I  desire  it  may  lie  on  the  table,  to 
enable  gentlemen  to  express  their  views  deliberately  upon  it" 

My  proposition  was  vigorously  opposed  by  members  of  the  New- 
York  delegation.  After  an  earnest  contest,  I  finally  succeeded  in 
carrying  my  proposition  substantially  as  proposed. 

The  following  are  notices  of  it  in  the  public  journals : 
"It  will  be  seen  by  the  proceedings  of  the  Assembly  on  Satur- 
day, that  the  question  which  has  been  so  long  pending  and  so 


310  AUTOBIOGKAPHT 

warmly  contested  respecting  the  reference  of  the  New  York  tax 
bill,  has  been  decided  substantially  in  favor  of  Mr.  Foot's  first  pro- 
position, viz.,  to  refer  it  to  a  committee  consisting  of  two  members 
from  the  city  and  three  from  other  parts  of  the  state,  as  that  is  the 
composition  of  the  committee  on  the  '  incorporation  of  cities  and 
villages'  to  which  it  is  referred. 

"  But  the  circumstance  which  renders  this  decision  of  the 
house  important,  is  that  the  house  has  thus  recognized  the  princi- 
ple contended  for  by  those  who  opposed  the  reference  to  the  New 
York  delegation,  that  the  Legislature  will  hereafter  supervise  and 
restrain  within  reasonable  bounds  the  expense  of  the  city  gov- 
ernment."— Albany  Evening  Journal,  Monday  Evening,  March 
3,  1855. 

"  It  will  be  seen  by  our  legislative  report,  that  the  New  York 
tax  bill,  which  has  been  the  subject  of  a  good  deal  of  debate  and 
excitement,  under  competing  motions  to  refer  it>  was  on  Saturday 
taken  from  the  hands  of  the  New  York  delegation,  and  referred  to 
the  standing  committee  on  cities  and  villages — a  committee  which, 
in  its  composition,  corresponds  substantially  with  the  original  pro- 
position of  Mr.  Foot,  of  Ontario,  for  a  select  committee." — The 
Atlas  and  Argus,  Monday  Morning,  March  3,  1855. 

An  investigation  by  the  committee  resulted  in  a  considera- 
ble reduction  of  the  amount  proposed  to  be  raised. 

Third.  Women's  rights. 

There  were  great  efforts  made  this  year  to  induce  the 
Legislature  to  pass  an  act  establishing  what  are  called 
"  women's  rights."  Printed  forms  of  petitions  were  spread  all 
over  the  state,  and  after  the  Legislature  convened,  they  came 
in  by  scores  to  the  Senate  and  Assembly,  more  or  less  numer- 
ously signed.  Those  presented  to  the  Assembly  were  all 
referred  to  the  judiciary  committee.  Being  chairman  of  that 
committee  they  were  all  sent  to  me.  The  committee  regarded 
the  idea  of  changing  the  order  of  an  infinitely- wise  Creator  in 
regard  to  the  sexes  of  those  created  in  his  own  image,  as  too 
absurd  for  serious  consideration,  and  determined  to  make  no 
report  on  the  subject. 

One  evening  I  found  on  my  table  an  unusually  large  bun- 
dle of  these  petitions,  which  had  been  presented  that  day  to 


AND  COLLATERAL  REMINISCENCES.  3H 

the  Assembly,  and  sent  by  the  clerk  to  me.  These,  with  the 
others  before  sent  to  me,  would  nearly,  if  not  quite,  fill  a 
bushel  basket.  The  whole  thing  struck  me  as  so  ridiculous, 
that  I  took  my  pen  and  wrote  a  jeu  d'esprit,  solely  for  my 
own  amusement,  and  endorsed  it  "Report  on  Women's 
Eights."  I  took  it  over  to  the  Assembly-chamber  to  show  to 
and  amuse  my  friends.  But  it  so  happened  that  without 
any  one  seeing  it,  it  got  into  my  drawer  among  other  papers, 
lay  there  for  some  weeks,  and  had  almost  wholly  passed 
out  of  my  mind.  One  day  a  member  of  the  house  inquired 
why  the  judiciary  committee  had  not  reported  on  women's 
rights.  Recollecting  that  I  had  written  something  about 
them,  I  looked  over  the  papers  in  rny  drawer,  found  this  one  en- 
dorsed "  Report  on  Women's  Rights,"  and  sent  it  to  the  clerk 
of  the  house  to  read.  He  read  it  audibly,  to  my  amazement 
and  confusion,  but  to  the  uproarious  delight  of  the  house. 
One  member  proposed  to  print  5,000  extra  copies.  It  was 
universally  published,  and  I  scarcely  met  a  friend  or  acquain- 
tance within  the  next  ten  days  who  did  not  greet  me  with  a 
laugh  or  a  smile.  The  result  showed  that  it  was  just  the  right 
way  of  putting  down  such  nonsense.  Only  one  petition  was 
afterwards  presented  in  the  Assembly,  and  that  was  referred 
to  the  committee  on  grievances.  It  killed  women's  rights  for 
the  time  and  for  several  years  afterwards. 

The  report  is  No.  47  of  "  Papers  Written  by  me." 

On  Monday  evening,  the  28th  of  January,  1856,  a  coloniza- 
tion meeting  was  held  in  the  Assembly-chamber,  of  which  I 
was  appointed  chairman.  On  taking  the  chair,  I  made  a  short 
address,  which  will  give  my  views  at  that  tune  on  the  great 
and  absorbing  subject  of  slavery. 

It  is  No.  48  of  "  Papers  Written  by  me." 

While  at  Albany  your  mother  made  me  a  couple  of  visits 
of  about  one  fortnight  each— one  in  the  early  part,  and  the 
other  in  the  latter  part  of  the  session.  I  passed  a  few  days  at 
home  during  the  usual  annual  recess  of  the  Legislature  in 
February  in  honor  of  Washington's  birthday. 

My  professional  engagements  this  year  were  unusually 


312  AUTOBIOGBAPHY 

numerous.  They  took  me  often  from  home — several  times  to 
New  York — once  to  Albany — a  number  of  times  to  Kochester 
and  Canandaigua,  and  occasionally  to  other  counties  in  this 
part  of  the  state.  In  addition  to  my  duties  as  a  counsellor-at- 
law,  I  heard  and  decided  a  good  many  cases  as  sole  referee. 

Our  son  John  being  at  home  in  July  on  a  visit,  I  spent  a 
couple  of  days  near  the  middle  of  the  month  on  a  fishing  ex- 
cursion with  him  and  some  friends,  and  near  the  end  of  the 
month  your  mother  and  I  joined  a  party  of  friends  from  the 
city  on  a  trip  to  Niagara  Falls.  We  took  John  and  Mary 
with  us.  We  passed  two  days  charmingly  at  the  Falls. 

In  the  month  of  October  and  while  engaged  professionally 
in  the  city  of  New  York,  a  Republican  convention  in  this 
Assembly  district  nominated  me  again  for  Member  of  Assem- 
bly. This  was  wholly  unexpected,  and  not  desired  by  me. 
But  acting  on  the  principle,  which  always  governed  me,  that 
no  citizen  should  decline  an  office  conferred  on  him  by  his 
fellow-citizens,  if  he  was  able  to  discharge  his  duties,  I 
accepted  the  nomination,  and  was  elected  in  November  follow- 
ing by  a  largely  increased  majority.* 


*  My  letter  of  acceptance : 

No.  106  BROADWAY,  NEW  YORK,  Oct.  13th,  1856. 
THOMAS  J.  McLouTH  and  GEORGE  B.  DUSINBERRE,  Esqrs. 

GENTLEMEN: — Your  letter  of  the  llth  inst.,  apprising  me  of  my 
nomination  for  a  re-election  to  the  Assembly  was  received  to-day. 

I  cannot  recall  any  event  of  my  life  more  unexpected  than  this.  I 
took  it  for  granted  that  as  our  town  was  not  entitled  to  the  member 
according  to  usage,  the  nominee  would  come  from  some  other  town ;  and 
I  feel  most  grateful  to  my  fellow-citizens  for  the  distinguished  honor  (for 
I  so  regard  it)  of  yielding  their  claims  in  my  favor.  I  also  thank  my 
fellow-townsmen  for  this  renewed  evidence  of  their  confidence  and 
respect.  The  only  return  I  can  make  is,  if  elected,  to  serve  the  district 
and  the  state  with  fidelity. 

This  being  a  public  trust  freely  offered,  and  the  duties  of  which  I  am 
able  to  discharge,  there  is  no  reason  why  I  should  hesitate  to  accept  it — 
and  this  I  do  the  more  readily,  because  I  have  listed  for  life  under  the 
Republican  banner  against  the  further  extension  of  slavery,  and  I  am  willing 
to  serve  in  any  position  which  my  fellow-citizens  may  designate. 


AND  COLLATERAL  REMINISCENCES.  313 

Our  children  enjoyed  good  health  this  year.  John  and 
Samuel  C.  were  occupied  in  the  city.  John  as  a  student  of 
law  till  December,  when  he  was  admitted  to  the  bar,  and 
Samuel  C.  as  a  clerk  in  a  store.  Early  in  October  I  took  Alfred 
to  Watertown,  in  Connecticut,and  placed  him  at  school  there. 
Euphemia  spent  considerable  time  during  the  year  with  our 
relatives  in  New  York  and  New  Jersey.  Mary  pursued  her 
studies  at  home,  and  the  younger  children  who  were  old 
enough,  attended  school  in  Geneva. 

The  manner  in  which  my  religious  duties  were  discharged 
during  the  year,  and  my  spiritual  life,  will  appear  by  some 
extracts  from  my  diary. 

In  my  diary  of  January  1st  is  an  entry  stating  the  manner 
in  which  I  intended  to  pass  my  time  in  Albany  and  attend  to 
my  religious  duties,  viz.,  "  to  rise  at  6  o'clock  in  the  morning 
and  retire  to  rest  at  11  o'clock  in  the  evening.  After  dressing 
in  the  morning,  prayer,  reading  in  Henry's  Exposition  of  the 
Bible,  a  chapter  in  the  Testament,  and  a  hymn  in  the  hymn- 
book  of  our  church,  and  writing  my  diary,  all  in  the  order 
stated  and  before  breakfast ;  prayer  in  the  evening  before 
retiring  to  rest,  and  attending  church  twice  on  the  Sabbath." 
In  these  duties  there  was  no  material  deviation  during  my 
stay  in  Albany. 

April  10th,  Thursday.  On  leaving  Albany  for  home  at  the 
close  of  the  session  of  the  Legislature. — "  I  thank  thee,  0  God,  for 
having  preserved  me  during  the  winter  and  the  session  of  the 
Legislature  in  health — permitted  me  the  use  of  all  my  faculties 
and  to  occupy  a  prominent  place  of  usefulness.  Forgive  what 
thou  hast  seen  amiss  in  me,  and  accept  of  me  for  Christ's  sake." 

April  28th,  Monday.—"  Spent  my  Sabbath  yesterday  as  usual, 
and  I  trust  better  than  I  often  do.  Our  pastor,  Rev.  Joseph  A. 
Collier,  conducted  both  services,  and  they  were  very  interesting. 

Please  communicate  my  grateful  acknowledgments  to  the  gentlemen 
of  the  convention  who  nominated  me,  and  accept  for  yourselves  the 
assurances  of  my  friendship  and  regard. 

SAMUEL  A.  FOOT. 


314  AUTOBIOGRAPHY 

I  had  a  pleasant  half  hour  with  my  children  in  Bible  class.  I  thank 
my  God  that  this  morning,  in  my  private  devotions,  I  enjoyed  a 
season  of  pure,  sweet,  and  fervent  love  for  Him." 

September  8th,  Monday.  The  day  after  the  sacrament  of  the 
Lord's  supper  was  administered  in  our  church. — "  All  the  exercises 
were  most  happily  and  effectively  conducted.  It  seemed  to  me  as 
if  I  was  nearer  to  my  God  and  Saviour  than  ever  before." 

November  5th,  Wednesday.  On  being  re-elected  to  the  Assem- 
bly.— "For  this  mark  of  public  confidence  I  thank  thee,  0  God, 
who  art  the  Giver  of  every  gift.  Enable  me  to  discharge  the 
duties  of  this  public  trust  with  fidelity,  and  usefulness  to  my  fel- 
low-men. I  ask  it  for  the  Saviour's  sake." 

November  20th,  Thursday. — "  This  is  the  day  set  apart  by  the 
Governor  of  this  state  to  return  public  thanks  for  the  mercies  of 
the  year.  The  Lord  has  crowned  the  year  with  many  blessings  to 
me  and  mine.  Mrs.  Foot,  myself,  and  all  our  children  have 
enjoyed  full  health.  Our  children  have  behaved  well,  and  given 
us  no  cause  for  unhappiness.  They  have  been  attentive  to  their 
duties  and  studies,  and  made  progress  in  improvement.  My  own 
time  has  been  usefully  occupied,  and  beside  my  regular  income, 
the  proceeds  of  my  professional  business  have  been  considerable, 
and  enabled  me  to  add  something  to  our  property.  I  have  heard 
and  decided  as  referee  a  considerable  number  of  actions.  My  de- 
cisions have  been  acquiesced  in,  and  thus  I  have  been  the  instru- 
ment of  settling  a  large  number  of  controversies.  My  home  has 
been  a  happy  one  the  whole  year,  and  our  little  farm  has  yielded 
an  abundance  in  reward  of  cultivation.  My  fellow-citizens  have 
again  shown  their  confidence  in,  and  respect  for  me,  by  electing 
me  to  the  Legislature  by  a  very  large  vote.  The  greatest  blessing 
of  all,  however,  is  the  full  enjoyment  of  spiritual  privileges.  I 
have  not  been  detained  from  public  worship  in  a  single  instance 
during  the  year.  The  services  in  our  own  church  have  been 
delightfully  conducted  by  our  pastor,  who  has  proved  a  most  faith- 
ful and  able  minister.  My  private  and  family  devotions  have  been 
a  source  of  great  comfort,  and  I  hope  and  trust  of  spiritual  im- 
provement. For  these  and  many  other  spiritual  and  temporal 
blessings  I  utter  and  record  my  sincere  and  devout  thanks." 


AND  COLLATERAL  REMINISCENCES.  315 


1857. 

This  year,  like  the  last,  was  a  very  husy  one.  My  time 
was  fully  occupied,  and  nearly  in  the  same  way.  The  only 
material  difference  consisted  in  my  profession  not  occupying 
so  much  of  my  time,  and  domestic  matters  and  social  duties 
more  of  it.  A  reference  to  my  account  of  that  year  will  give 
the  particulars.  No  excursion  was  taken  this  year  for  recrea- 
tion. The  small  portions  of  time  given  to  that  object  were 
passed  at  home  with  my  children,  mainly  in  fishing  on  the 
lake  and  in  waters  in  the  vicinity  of  Geneva.  In  domestic 
matters  this  year,  I  include  a  pretty  active  correspondence 
with  my  six  eldest  children.  My  four  oldest  sons  were  away 
from  home  nearly  all  the  year,  and  my  two  eldest  daughters 
occasionally  for  two  or  three  weeks  at  a  time  ;  and  in  social 
duties,  I  include  visiting  with  our  pastor,  the  Kev.  Joseph  A. 
Collier,  the  families  of  our  church  and  congregation. 

On  Monday,  the  5th  of  January,  I  went  to  Albany,  and 
the  next  day  commenced  my  duties  as  a  legislator,  and  con- 
tinued in  the  discharge  of  them  till  the  18th  day  of  April, 
when  the  Legislature  adjourned.  I  occupied  the  same  rooms 
at  Congress  Hall  which  I  had  the  year  before,  and  passed  my 
time  agreeably.  My  attention  to  my  duties  was  unremitting, 
and  my  time,  if  possible,  more  absorbed  by  them  than  during 
the  previous  year.  The  Republican  party,  to  which  I  belonged, 
were  successful  at  the  election  in  November,  1856.  They 
elected  their  Governor,  John  A.  King,  and  a  majority  of  both 
branches  of  the  Legislature.  I  was  again  chairman  of  the 
judiciary  committee,  and  as  in  the  previous  year,  my  judicial 
and  professional  standing  led  to  many  calls,  applications,  and 
labors  beyond  those  rightly  belonging  to  me  as  a  member  from 
Ontario  County.  I  made  it  a  rule  again  this  year,  not  to  be 
absent  from  my  seat  while  the  house  was  in  session,  and  to 
understand  and  attend  to  all  its  proceedings.  I  was  not 
absent  this  year  a  single  day  during  the  session,  nor  out  of 
Albany,  except  a  couple  of  days  in  February,  when  the  Legis- 


316  AUTOBIOGRAPHY 

lature  took  its  usual  recess  in  deference  to  Washington's  birth- 
day, and  I  made  a  visit  to  my  family.  There  is  so  much  truth 
mixed  with  other  stuff  in  a  short  article  of  "  The  Knicker- 
bocker "  (a  random,  hap-hazard  journal,  published  in  Albany) 
of  the  15th  of  April,  1857,  that  I  append  it  in  a  note.0 

*  Judge  Foot  of  the  Assembly  is  a  remarkable  man  in  many  respects. 
He  is  the  most  industrious  man  in  the  house.  He  is  also  one  of  the  most 
talented  and  persevering.  As  a  jurist,  Judge  Foot  has  no  superior  in 
either  branch  of  the  Legislature.  As  a  worker,  he  is  scarcely  equaled  by 
any  man  in  the  state.  Judge  Foot  is  always  in  his  place.  Some  of  his 
opponents  run  away  with  the  idea  that  he  sleeps  in  the  Assembly-cham- 
ber and  has  his  meals  sent  up  from  a  restaurant.  Whether  this  is  so  is 
more  than  we  shall  take  upon  ourselves  to  pass  upon.  All  we  know  is, 
that  the  Judge  is  always  "  on  hand  " — a  fact  that  causes  more  trouble  to 
certain  sharp  practitioners  who  wish  to  put  leaks  into  the  treasury,  than 
any  other  drawback  they  meet  with  in  or  about  the  Capitol.  Judge 
Foot  "  knows  the  ropes,"  and  is  not  to  be  "  sold "  on  any  question. 
Since  the  days  of  "  Old  Sam  Young  "  there  has  been  no  man  in  the  Legis- 
lature so  difficult  to  wheedle  and  humbug.  The  Judge  cannot  be 
"  managed."  When  he  takes  up  a  position  on  any  bill,  he  is  as  immova- 
ble as  the  Catskill  Mountain.  This  peculiar  trait  makes  the  Judge 
popular  with  the  people,  but  in  the  highest  degree  unpopular  with  the 
lobby.  Those  who  wish  to  get  "  a  good  thing  "  from  the  state,  find  in 
Judge  Foot  an  obstruction  which  the  locomotive  "  Corruption  "  cannot 
overcome.  During  the  whole  session  Judge  Foot  has  stood  like  a  bull- 
dog at  the  door  of  the  Treasury,  ready  to  fly  upon  any  seedy  gentleman 
who  undertakes  to  better  his  fortunes  by  becoming  a  bill  of  expense 
on  the  tax-payers  of  the  state.  Judge  Foot  is  a  man  of  very  superior 
abilities,  and  more  than  the  usual  quantity  of  good  nature,  provided  you 
don't  talk  of  "  applying  for  relief."  Should  you  do  that,  you  must  not 
be  surprised  if  he  informs  you  that  he  "  wants  to  see  a  friend  in  the  cloak- 
room." The  Judge  has  one  other  foible.  He  is  a  little  given  to  old  fogy- 
ism,  and  entertains  a  respect  for  "high  top-boots,"  which  makes  it 
difficult  for  him  at  times  to  do  entire  justice  to  ideas  which  take  their 
rise  from  the  go-ahead  tendencies  of  any  age  given  to  steam  engines  and 
low-necked  dresses.  We  have  said  that  the  Judge  is  unpopular  with  the 
lobby  and  sharp  practitioners  generally.  This  is  so.  But  while  this  is 
true  of  the  lobby  and  sharp  practitioners,  the  very  opposite  is  the  case 
with  the  people.  Outside  of  the  Capitol,  Judge  Foot  enjoys  a  reputation 
which  will  possibly  make  him  our  next  Governor.  He  is  a  growing  man, 
and  what  is  better,  he  is  growing  in  the  right  direction. 


AND  COLLATERAL  REMINISCENCES.  3^7 

The  journals  of  the  Assembly  contain  a  brief,  but  accurate 
record  of  my  acts  as  a  legislator.  I  pursued  the  same  course 
in  addressing  the  house  this  year  that  I  did  the  year  before, 
and  was  rewarded  with  the  same  attention. 

The  Republican  members  of  the  Assembly  held  a  public 
caucus  on  Monday  evening,  the  5th  of  January,  to  nominate 
their  officers,  of  which  I  was  appointed  chairman.  On  taking 
the  chair  I  made  a  short  address,  which  was  well  received  by  a 
large  audience.  It  was  entirely  extempore,  and  only  an  out- 
line of  it  was  reported  and  published.0 

There  were  two  important  measures  adopted  at  this  session 
of  the  Legislature  relating  to,  and  affecting  directly,  the  city  of 
New  York,  in  which  I  took  a  deep  interest  and  an  active  part, 
though  they  were  presented  and  conducted  before  the  house 
by  other  gentlemen. .  These  measures  were  the  establishment 
of  the  Metropolitan  Police  and  the  Board  of  Port  Wardens. 
After  the  committee,  who  had  charge  of  the  Police  bill,  had 
perfected  it,  they  submitted  it  to  me  for  a  careful  and  thor- 
ough examination  and  the  suggesting  of  amendments.  This 
duty  was  discharged  faithfully  and  to  the  best  of  my  ability. 
I  struck  out  several  clauses  which  might  endanger  the  measure 
on  constitutional  grounds,  and  added  others  to  render  it  more 
efficient.  The  committee  approved  of  my  amendments, 
reported  the  bill,  and  recommended  its  passage  as  it  came 
from  my  hands,  and  in  that  shape  it  became  a  law. 

In  regard  to  the  Board  of  Port  Wardens,  a  committee 


*  On  taking  the  chair,  Mr.  Foot  said  :— 

Gentlemen  and  Brother  Republican  Representatives :— Before  I  take 
the  seat  with  which  you  have  honored  me,  I  cannot  forbear  congratu- 
lating you  on  this  meeting  as  one  of  the  happy  results  of  the  last  election. 
There  has  never  been  an  occasion  when  the  people,  with  so  liberal  a  hand, 
have  exhibited  their  confidence  in  any  party,  as  they  have  in  the  party 
with  which  we,  gentlemen,  are  connected.  Most  of  us  have  been  returned 
to  the  positions  which  \ve  hold,  by  large  majorities.  This  confidence,  so 
liberally  bestowed  upon  us  by  our  constituents,  has  imposed  upon  us  an 
obligation  to  discharge  our  duties  so  as  to  merit  that  confidence,  and  to 
promote  the  great  interests  of  the  Empire  state. 


318  AUTOBIOGRAPHY 

came  from  the  city,  and  proposed  a  measure,  which  would 
give  our  political  friends  an  effective  party  machine  to  use  at 
elections.  Knowing  as  I  did  from  my  professional  practice  in 
the  city,  not  only  the  uselessness,  but  the  positive  injury  which 
the  commerce  of  the  city  suffered  from  having,  as  there  then 
were,  five  different  boards  of  surveyors,  each  in  the  interest  of 
the  parties  who  employed  them,  and  knowing  the  great  advan- 
tage of  establishing  in  the  city  an  independent  and  competent 
board  of  surveyors,  to  whom  the  whole  business  should  be 
committed,  I  thought  it  a  favorable  opportunity  to  establish 
such  a  board.  I  drew  a  law  to  effect  the  object.  It  was 
introduced  by  another  gentleman,  referred  to  the  committee 
of  which  he  was  chairman,  and  engineered  by  him  with  my 
assistance  through  the  house.  It  was  vigorously  opposed  by 
the  Democratic  party  in  the  Assembly,  but  finally  passed  both 
houses  and  became  a  law.  In  appointing  the  members  of  the 
Board,  Governor  King  made  excellent  selections,  and  the 
Board  has  proved  a  great  benefit  to  the  commerce  of  the 
city. 

There  were  two  measures  in  which  I  took  a  public,  active, 
and  leading  part.  One  before  the  Assembly,  and  the  other 
before  both  branches  of  the  Legislature.  The  former  involved 
an  unconstitutional  legislative  practice,  which  was  not  impor- 
tant in  its  consequences,  while  the  latter  was  of  the  greatest 
moment,  affected  the  whole  country,  and  was  fraught  with  the 
most  serious  results. 

The  former  is  presented  in  the  following  report  of  my 
speech  on  the  Supply  bill,  on  opening  the  subject  to  the 
Assembly : 

"Mr.  Foot  moved  to  strike  out  all  appropriations  to  com- 
mittees who  may  have  been  appointed  by  either  house  to  sit  during 
the  recess.  This  included  the  committee  to  examine  the  Chancery 
Fund,  the  committee  to  examine  the  claims  of  Black  Eiver  water 
owners,  and  the  committee  to  examine  the  Police  systems,  &c.,  of 
the  city  of  New  York. 

"  Mr.  F.  was  aware  that  the  duty  he  assumed  was  an  ungra- 
cious one,  but  he  deemed  it  to  be  a  duty.  These  traveling  com- 


AND  COLLATERAL  REMINISCENCES.  319 

mittees  were  a  grievance.  Last  session,  every  few  days  propositions 
were  introduced  to  create  such  committees.  In  every  instance,  he 
believed,  they  were  voted  down.  Now,  however,  we  are  called 
upon  to  pay  some  $15,000  or  $20,000  to  such  committees  appointed 
in  1855.  Last  winter,  he  believed,  the  Committee  on  Ways  and 
Means  refused  to  report  pay  for  either  of  these  committees.  But 
the  original  bill  was  amended  in  the  house,  and  these  objectionable 
propositions  crowded  in. 

"  He  deemed  all  these  propositions  unconstitutional.  No  mem- 
ber can  receive  more  than  $300  for  his  services,  unless  there  be  an 
extra  session,  or  in  cases  of  trial  of  impeachment.  The  duties  of 
these  committees  are,  in  every  sense  and  form,  legislative  duties. 
He  could  not,  therefore,  under  his  oath,  vote  pay  to  either  of 
these  committees,  except  to  the  extent  of  simply  covering  actual 
disbursements. 

"  The  Committee  on  the  Police  and  Courts  of  New  York  was 
raised  by  a  joint  resolution  of  the  two  houses.  They  ask  for 
$3,000.  Toward  the  close  of  the  last  session,  a  resolution  was 
passed  calling  for  the  report  of  this  committee.  None  was  made 
so  late  as  March  27th,  nor  until  an  application  was  made  for  pay. 
Indeed,  it  was  not  laid  on  the  table  of  the  Senate  in  manuscript 
until  24  hours  of  adjournment ;  and  yet  it  is  printed  as  Document 
97,  and  as  if  sent  to  the  Senate  on  the  4th  of  March.  How  this 
mistake,  if  it  be  a  mistake,  occurred,  he  could  not  say.  It  may  be 
all  right,  or  it  may  be  all  wrong.  He  was  not  yet  prepared  to  pass 
judgment  in  regard  to  it.  The  report  contains  11  pages,  aside 
from  testimony.  Some  of  its  facts  are  interesting ;  but  they  by  no 
means  cover  all  the  ground  embraced  in  the  resolution. 

"  He  proposed,  if  the  appropriation  is  now  stricken  out,  to  refer 
the  whole  subject  to  a  committee  of  this  house  to  report  thereon. 
The  clerk  of  the  committee  should  have  some  compensation ;  but 
how  much  he  could  not  say. 

"  In  regard  to  the  Black  River  committee,  he  could  cheerfully 
say,  that  their  report  is  able  and  valuable.  But  the  committee 
was  not  raised  by  a  joint  resolution — a  fact  which  rendered  the 
appointment  of  the  committee  illegal.  The  statute  is  explicit — 
prohibiting  either  house,  without  consent  of  the  other,  raising  any 
such  committee.  This  statute  was  openly  violated  by  the  appoint- 
ment of  this  committee.  The  attempt  to  pay  the  committee  is, 


320  AUTOBIOGRAPHY 

therefore,  in  the  very  teeth  of  the  law.  The  clerk  and  counsel  of 
the  committee,  however,  should  be  paid,  as  proposed.  Nor  would 
he  object  to  an  appropriation  to  the  committee,  to  meet  all  their 
actual  disbursements. 

"  The  Committee  to  examine  the  Chancery  Fund  ask  $3500. 
That  committee  was  appointed  by  the  Senate,  without  the  concur- 
rence of  the  house.  He  knew  that  a  great  deal  of  interest  was  felt 
by  the  public  in  regard  to  this  fund.  But  those  familiar  with  this 
fund  receive  no  light  from  this  report.  They  knew  exactly  where 
the  fund  was,  and  that  all  desired  information  could  be  obtained 
by  any  one  who  chose  to  call  upon  the  treasurers  of  the  several  coun- 
ties. The  report  made  makes  11  pages,  but  it  is  only  an  exhibition 
of  the  entries  on  these  treasurers'  books.  The  facts,  however,  are 
orderly,  correctly,  and  clearly  presented ;  but  he  would  contract 
to  make  thirty  just  such  reports  every  year. 

"In  regard  to  the  Building  Association,  he  had  only  to  say 
that  their  report  contained  but  very  little  information.  It  was 
raised  by  resolution  of  the  house  only.  The  clerk  of  the  com- 
mittee should,  perhaps,  receive  some  compensation,  but  not  so 
large  a  sum  ($375)  as  is  proposed. 

"  Having  thus  discharged  this  unpleasant  duty,  Mr.  F.  would 
leave  the  decision  of  the  whole  subject  with  the  house." 

My  motion  was  made  when  the  house  was  in  committee 
of  the  whole,  and  produced  an  animated  debate.  The  com- 
mittee, after  some  modifications  of  the  objectionable  items, 
reported  the  bill  to  the  house  and  recommended  its  passage. 
When  it  came  up  for  action  before  the  house,  I  moved  to 
strike  out  the  unconstitutional  items.  The  following  report 
of  my  speech  on  that  occasion  will  explain  my  views  : 

"  Mr.  FOOT  now  took  the  floor  in  support  of  his  amendment, 
and  in  reply  to  the  objections  from  various  quarters,  insisting  that 
the  constitutional  and  legal  positions  taken  by  him  had  not  been 
answered.  They  had  rather  been  evaded.  His  position  was,  that 
under  the  constitution  and  law,  whilst  the  Legislature  had  the 
power  to  appoint  these  traveling  committees,  it  could  not  do  this 
at  the  public  expense.  To  pay  them  a  compensation  would  be  to 
pay  them  more  than  the  constitution  allowed  a  member  of  the 


AND  COLLATERAL  REMINISCENCES.  321 

Legislature  to  receive,  for  services  as  such,  during  his  term  of 
office.  The  law,  framed  in  accordance  with  the  constitution,  pro- 
hibited the  appointment  of  traveling  committees  "  at  the  public 
expense."  These  committees,  when  they  accepted  their  appoint- 
ments, did  so  with  a  full  knowledge  of  the  law  and  the  constitu- 
tion ;  and  therefore,  the  state  was  under  no  legal,  constitutional, 
or  moral  obligation  to  pay  them  compensation.  Their  disburse- 
ments they  were  entitled  to.  That  was  not  compensation.  What 
their  disbursements  were  should  be  the  subject  of  an  examination 
and  adjustment,  but  nothing  more.  All  this  would  be  the  subject 
of  consideration,  if  the  items  proposed  to  be  struck  out  were 
erased  from  the  bill.  As  to  the  responsibility  of  this  house  for  this 
bill,  if  it  should  finally  pass,  he  repelled  with  warmth  the  idea  that 
it  rested  elsewhere  than  with  those  who  should  vote  for  it." 

My  motion  did  not  prevail.  The  bill  was  passed  by  both 
houses  and  sent  to  Governor  King  for  his  approval.  He 
returned  it  to  the  Assembly,  where  it  originated,  with  his 
objections,  which  were  founded  on  the  unconstitutionally  of 
the  allowances,  which  I  had  moved  to  strike  out.  His  veto 
was  sustained  by  a  very  large  majority. 

This  subject  attracted  a  large  share  of  public  attention, 
and  added  considerably  to  my  position  in  the  Legislature  and 
before  the  public.* 

*  ALBANT,  February  14th,  1867. 

It  is  too  much  the  fashion  of  the  day  to  court  public  favor  at  the 
expense  of  the  public  good,  and  I  had  almost  said  of  private  morals. 
This  is  so  common,  that  honorable  men,  in  public  stations,  daily  yield  to 
a  seeming  necessity  in  regard  to  measures  requiring  a  compromise  of 
principle  that  they  would  denounce  and  resist  in  the  ordinary  business 
intercourse  of  private  life.  In  this  way  only  can  we  account  for  the  large 
amount  of  money  that  has,  during  a  series  of  years,  been  drawn  from  the 
public  treasury,  which,  under  a  strict  observance  of  the  constitution  and 
laws,  never  could  have  been  appropriated. 

In  this  desert  waste  of  base  legislation  we  have  at  last  reached  an 
oasis.  The  veto  by  Governor  King  of  the  Supply  bill,  will,  I  trust, 
inaugurate  a  new  era. 

Our  representative,  Judge  Foot,  took  the  initiative  in  resisting  1 
passage  of  that  bill  in  the  Assembly,  for  the  reason  that  it  appropriated 
the  public  money  in  violation  of  the  constitution.     In  this  he  has  ren- 

21 


322  AUTOBIOGRAPHY 

The  other  measure  which  I  have  mentioned,  and  in  which 
I  took  a  leading  and  active  part,  enabled  me  to  render  a  ser- 
vice to  the  country  of  real  value,  and  prevented  my  life,  if  I 
had  never  done  any  other  beneficial  act,  from  being  barren  of 
good  to  my  fellow-men. 

By  the  repeal  of  the  Missouri  Compromise  in  1854,  the 
subject  of  slavery  had  engrossed  the  public  mind,  and  led  to 
the  formation  in  the  following  year  of  the  Republican  party, 
the  leading  principle  of  which  was  the  confining  of  slavery  to 
the  states  in  which  it  existed,  and  excluding  it  from  the  terri- 
tories of  the  United  States. 

The  presidential  and  state  elections  in  November,  1856, 
showed  that  the  Republican  party  was  advancing  to  power  on 
the  great  principle  upon  which  it  was  founded,  and  that  ere 
long,  and  certainly  as  early  as  the  presidential  election  in 
1860,  would  obtain  control  of  the  General  Government.  In 
that  state  of  political  parties,  an  action  generally  known  as 
the  "  Dred  Scott  Case  "  was  pending  in  the  Supreme  Court  of 
the  United  States.  On  the  argument  of  that  case,  the  counsel 
had  drawn  into  discussion  the  legal  and  constitutional  princi- 
ples sustaining  and  regulating  slavery  in  this  country.  The 
case  had  been  twice  elaborately  argued,  and  held  a  long  time 
under  advisement.  The  decision  was  looked  for  by  the  coun- 

derecl  a  most  important  service,  not  only  to  his  immediate  constituents, 
but  to  the  whole  state. 

Although  the  bill  passed,  it  is  most  gratifying  that  he  has  been  sus- 
tained by  Governor  King,  who  could  not,  without  ignoring  the  principles 
which  have  characterized  his  public  and  private  life,  do  less  than  he  has 
done  in  vetoing  the  bill. 

The  first  impression  here  among  some  of  the  friends  of  Judge  Foot 
was,  that  his  course  in  reference  to  the  Supply  bill  would  affect  his  popu- 
larity and  usefulness  in  the  Assembly ;  but  he  did  not  stop  to  count  the 
cost  ef  doing  his  duty.  And  so  far  from  lessening  his  influence,  it  has 
greatly  increased  it. 

He  has  given  us  a  practical  illustration  of  the  noble  sentiment  uttered 
:by  H.  Clay,  when  he  said  "  I  would  rather  be  right  than  be  President." 

OMEGA. 
— Geneva  Courier,  Wednesday,  February  18tb,  1857. 


AND  COLLATERAL  REMINISCENCES.  323 

try  with  deep  interest  and  great  anxiety.  At  length  it 
came,  and  reached  Albany  on  the  8th  of  March.  I  read  it 
carefully  on  the  evening  of  that  day.  The  doctrines, 
announced  "by  the  majority  of  the  court,  astonished  and 
alarmed  me,  and  before  retiring  to  rest,  I  wrote  the  following 
resolution,  which  I  offered  in  the  Assembly  the  next  morning : 

"Whereas,  the  Supreme  Court  of  the  United  States  have 
decided,  by  the  concurring  opinions  of  the  five  members  of  that 
court  from  the  slaveholding  states,  that  slavery  may  be  extended 
into  the  territories  of  the  United  States,  and  that  neither  Congress, 
nor  a  territorial  government  instituted  by  it,  can  exclude  slavery 
from  them,  and  which  decision  has  in  effect  declared  slavery  to  be 
national,  and  most  seriously  impaired  the  constitutional  rights  of 
the  free  citizens  of  this  state ;  therefore, 

"  Eesolved  (if  the  Senate  concur),  That  a  joint  committee  of 
three  members  of  the  Senate  and  five  members  of  the  Assembly 
be  appointed  to  consider  and  report  what  measures  (if  any)  the 
Legislature  of  this  state  ought  to  adopt  to  protect  the  constitu- 
tional rights  of  her  citizens  against  the  serious  and  alarming 
doctrines  of  the  aforesaid  decision." 

This  resolution  was  subsequently  earnestly  debated  and 
adopted  by  the  Assembly.  It  was  also  concurred  in  by  the 
Senate.  During  the  debate  in  the  Assembly  I  spoke  twice  in 
favor  of  the  resolution.  One  of  my  speeches  was  in  answer  to 
objections,  and  was  reported  as  follows  : 

"  Mr.  FOOT  -.—The  gentleman  from  Queens  has  asked  what  Ave 
expect  to  accomplish  by  this  resolution.  It  has  been  decided  by  the 
United  States  Supreme  Court  that  slavery  was  local.  Under  those 
decisions  the  citizens  of  the  free  states  felt  safe.  It  has  been  the 
doctrine  from  the  earliest  time,  that  Congress  had  the  unlimited 
power  to  admit  or  exclude  slavery  from  the  territories.  This 
doctrine  has  been  acted  upon  from  1787  down  to  the  present 
hour. 

"Under  the  question  whether  a  colored  man  named  Dred  Scott 
had  a  right  to  sue  in  the  court  (for  that  was  all  that  was  involved), 
a  majority  of  the  court  had  announced  the  alarming  doctrine  that 
slavery  has  a  right  to  be  preserved  beyond  state  jurisdiction,  and 


324  AUTOBIOGKAPHY 

that  slaveholders  may  go  into  territories  in  spite  of  any  prohibition 
by  Congress.  It  may  be  carried,  nolens  volens,  into  the  territories. 
This  was  an  alarming  and  monstrous  doctrine. 

"The  court  also  decides  that  the  Ordinance  of  '87  had  no 
force.  They  also  decide  that  the  power  to  legislate  for  territories 
only  applied  to  territories  held  by  the  Union  when  the  constitution 
was  formed.  This  monstrous  doctrine  shocks  every  intelligent 
man.  When  he  said  these  doctrines  were  alarming,  he  meant  it. 
They  were  alarming,  and  monstrously  so." 

"  Mr.  FOOT  said,  in  answer  to  the  inquiry  of  the  gentleman 
from  Queens  as  to  what  was  designed  to  be  effected  by  the  resolu- 
tion, that  the  resolution  was  only  one  of  inquiry  to  ascertain  what 
measures  this  Legislature  can  and  should  adopt  to  protect  the 
rights  of  the  free  citizens  of  this  state.  The  committee  will  recom- 
mend the  measures  they  deem  proper.  His  (Mr.  Foofs)  views 
were  of  little  moment,  but  he  could  suggest  various  measures 
which  would  be  effectual. 

"  The  opinions  of  the  five  slaveholding  judges,  so  far  as  they 
discussed  and  attempted  to  decide  questions  beyond  the  one  before 
the  court,  viz.,  whether  the  colored  man,  Dred  Scott,  was  a  citizen 
of  the  United  States,  were  mere  political  harangues,  had  no 
judicial  authority,  and  were  entitled  to  no  more  respect  than  any 
other  political  speech  or  essay.  Besides,  they  were  thrust  forward 
at  a  time,  and  under  circumstances,  well  calculated  to  distract  and 
alarm  the  country,  and  for  that  reason  deserve  unqualified 
condemnation ;  and  if  they  were  met  and  denounced  by  a  con- 
vention of  the  free  states  of  the  Union,  their  mischief  might  be 
prevented. 

"  Again— Congress  has  power  to  increase  the  number  of  judges 
on  the  bench  of  the  Supreme  Court,  and  if  the  Kepublican  party 
prevail  in  the  Union  they  will  be  able  to  increase  the  number  of 
judges,  and  give  a  majority  on  the  bench  in  favor  of  the  Con- 
stitution. 

"  And  again — I  do  not  regard  an  amendment  of  the  Constitu- 
tion as  impossible.  Missouri  is  moving  in  favor  of  emancipation ; 
Virginia  is  being  forced  to  the  alternative  of  bankruptcy  or  eman- 
cipation, and  when  emancipation  is  once  commenced  it  will  rapidly 
proceed,  and  freedom  may  triumph  far  sooner  than  we  now 
anticipate." 


AND  COLLATERAL  REMINISCENCES.  325 

My  children  will  see  that  some  words  there  spoken  proved 
to  be  almost  prophetic. 

I  was  chairman  of  the  committee  of  the  Assembly  ap- 
pointed under  the  resolution,  and  Senator  Madden  of  the 
Senate.  When  the  joint  committee  met,  Senator  Madden, 
who  by  parliamentary  usage  was  chairman  of  the  joint  com- 
mittee, declined  the  chairmanship  in  my  favor,  and  I  was 
appointed  chairman  of  the  joint  committee.  I  drew  a  report, 
which  was  submitted  to  the  committee  and  approved  by  them, 
also  the  resolutions  and  the  law  recommended  by  the 
committee. 

This  report  was  submitted  by  me  to  the  Assembly,  and  by 
Senator  Madden  to  the  Senate,  on  the  9th  of  April.  After 
an  animated  and  earnest  debate,  which  was  closed  on  the  16th 
of  April,  the  Assembly,  by  a  large  majority,  adopted  the 
report,  and  after  amending,  with  my  consent,  the  first  resolu- 
tion by  striking  out  the  words  "Let  the  consequences  be  what 
they  may,"  and  on  my  motion  the  last  one,  by  inserting  in  the 
place  of  the  words  "  Law  above  mentioned,"  the  title  of  the 
act  reported  by  the  committee,  passed  the  resolutions  and  the 
act  as  reported. 

This  report,  with  the  resolutions  and  law  appended,  is  No. 
49  of  "  Papers  Written  by  me." 

It  is  the  most  important  paper  I  ever  wrote.  It  was  pub- 
lished in  all  the  leading  journals  of  both  political  parties  in 
the  free  states,  and  by  all,  or  nearly  all,  the  Republican  jour- 
nals in  the  country.  It  exhibited  and  directed  the  attention 
of  the  citizens  of  the  free  states  to  the  extraordinary  and 
alarming  doctrines  of  the  five  slaveholding  judges  of  the 
Supreme  Court,  and  to  their  unprecedented  and  reprehensible 
course  in  the  "  Dred  Scott  Case."  It  contained  the  first  sug- 
gestion of  the  only  remedy  in  the  power  of  the  country  for 
the  appallino-  effects  of  these  doctrines,  viz.,  the  power  of  Con- 
gress to  increase  the  number  of  judges  of  the  Supreme  Court, 
and  thus  give  the  free  states  their  fair  proportion  of  represen- 
tatives in  that  high  tribunal,  and  thereby  guard  by  future 
judicial  action  against  a  final  and  permanent  establishment  of 


326  AUTOBIOGRAPHY 

doctrines  which  would  extend  slavery  over  the  whole  country, 
and  make  us  a  great  slaveholding  republic. 

I  have  been  an  attentive  observer  of  the  course  of  events, 
and  a  careful  reader  of  every  important  speech  and  publication 
on  the  subject  of  slavery,  from  the  repeal  of  the  Missouri  Com- 
promise in  1854,  till  the  close  of  the  war  and  the  great  contest 
in  1865,  and  I  am  willing  to  say  to  my  children,  and  think  I 
can  say  with  truth,  and  without  arrogance,  that  no  publica- 
tion, from  the  opening  to  the  close  of  the  contest,  did  more 
than  this  report,  to  arouse  and  direct  the  public  mind  to  the 
dangers  with  which  slavery  threatened  our  country  and  her 
political  institutions,  and  I  now  (1870)  look  back  upon  it  with 
gratitude  to  my  Heavenly  Father,  for  allowing  me  to  render 
so  great  a  service  in  preparing  the  country  for  the  fearful 
struggle  which  followed  to  abolish  slavery. 

After  the  Legislature  adjourned,  I  had  many  evidences  of 
approval  of  my  legislative  acts,  and  some  instances  of  heart- 
felt gratitude  from  persons  who  had  received  benefit,  or  sup- 
posed they  had,  from  my  eiforts.  I  will  mention  one  of  them. 
I  always  voted  for,  and  occasionally  advocated,  liberal  grants 
to  our  state  charities,  and  probably  had  advocated  and  suc- 
ceeded in  obtaining  a  liberal  grant  for  the  Deaf  and  Dumb 
Asylum  of  the  city  of  New  York.  When  in  the  city  in  May,  I 
wrote  your  mother  a  letter,  dated  Monday,  the  25th  of  that 
month,  from  which  the  following  is  an  extract ; 

"  I  had  such  an  interesting  afternoon  on  Saturday  that  I  feel 
disposed  to  put  an  account  of  it  on  paper  while  it  is  fresh  in  my 
memory.  Saturday  was  a  beautiful  spring  day.  This  morning  is 
also  delightful,  and  makes  me  sigh  for  Mullrose.  The  party  to  the 
Deaf  and  Dumb  Asylum  on  Saturday  were  *  *  *  and  myself. 
The  ride  was  charming.  All  the  officers  and  pupils  of  the  Institution 
were  under  the  impression  that  I  had  rendered  the  Institution  a 
great  service  at  Albany,  and  I  was  treated  accordingly.  There  are 
about  four  hundred  pupils.  We  were  received  on  our  arrival  by  a 
sort  of  military  parade  by  the  boys.  After  looking  over  the  Insti- 
tution, all  assembled  in  the  chapel.  After  some  exercises  by  those 
who  had  been  in  the  Institution  only  a  few  weeks,  six — three 


AND  COLLATERAL  REMINISCENCES.  327 

young  ladies  and  three  young  men— who  had  been  in  the  Institu- 
tion eight  years  and  were  to  leave  soon,  came  on  the  stage,  and 
having  been  informed  who  were  the  visitors,  were  requested  to 
express  their  sentiments  on  the  occasion.  Each  wrote  a  beautiful 
composition  on  the  blackboard,  naming  appropriately  the  visitors, 
and  particularly  me,  to  whom  they  expressed  warm  and  grateful 
thanks.  After  each  was  read,  I  returned  my  thanks  by  an  inter- 
preter. I  was  then  requested  to  address  the  pupils,  which  I  did, 
one  of  the  professors  interpreting  by  signs.  My  feelings  were 
deeply  interested,  and  I  was  never  more  happy  in  any  public 
address.  The  large  body  of  pupils,  male  and  female,  listened  with 
the  deepest  attention.  There  were  many  moist  eyes,  and  when  I 
closed  an  outburst  of  rapturous  applause.  When  we  left,  they 
clustered  around  the  carriage,  and  every  eye  was  fixed  intently  on 
me.  I  never  was  more  deeply  affected,  and  if  you  had  been  present, 
you  could  not  have  refrained  from  tears,  not  for  sorrow,  but 
from  deep,  holy,  joyous,  grateful  feelings.  Our  ride  home  was 
pleasant" 

While  in  Albany,  your  mother,  as  in  the  year  before,  made  me 
two  visits — one  early  in  the  session,  and  one  near  the  close  of  it. 

After  leaving  Albany,  my  profession  took  me  from  home  more 
than  usual.  I  was  twice  at  Albany  attending  the  Court  of  Ap- 
peals—five times  at  New  York,  where  I  was  engaged  on  neither 
occasion  less  than  eight  days,  and  on  two  occasions  over  three 
weeks — three  times  at  Rochester,  and  once  at  Ovid,  Seneca 
County. 

I  heard  and  decided  this  year  several  cases  as  sole  referee, 
but  not  as  many  as  in  the  year  before. 

Among  my  professional  engagements  this  year,  there  was 
one  of  rather  an  unusual  character.  I  was  in  the  city  when 
the  sudden  and  extraordinary  financial  panic  of  this  year 
occurred.  All  the  banks  suspended  specie  payments.  By  the 
then  existing  laws  of  this  state,  when  a  bank  became  "  insol- 
vent," it  was  obliged  to  go  into  liquidation  under  a  receiver. 
The  impendency  of  such  a  disaster  filled  the  public  mind  with 
dismay.  Legal  proceedings  were  promptly  commenced  by  a 
creditor  of  one  of  the  prominent  banks  of  the  city  to  place  it 
in  the  hands  of  a  receiver,  on  the  ground  that  a  failure  to  pay 


328  AUTOBIOGRAPHY 

its  notes  in  lawful  money  was  conclusive  evidence  of  insol- 
vency. It  so  happened  that  this  bank  was  one  of  the  banks 
for  which  I  had  been  counsel  while  in  active  practice  in  the 
city,  and  the  officers  knowing  I  was  in  town,  immediately 
applied  to  me  for  advice.  In  considering  the  fearful  conse- 
quences of  placing  all  the  banks  in  the  city  and  state  in 
liquidation,  it  occurred  to  me  that  the  " insolvency"  contem- 
plated by  our  laws,  was  an  actual  and  real  inability  to  pay 
debts,  and  not  a  temporary  delay  of  payment,  arising  from 
excited  and  temporary  causes.  This  view  of  the  subject  was 
very  earnestly  pressed  by  me  in  opposition  to  the  applica- 
tion to  the  court  for  the  appointment  of  a  receiver.  It  pre- 
vailed— was  adopted  by  all  our  judges,  and  the  community 
was  saved  from  the  disaster  of  a  general  liquidation  of  our 
banks. 

The  idea  was  started  of  calling  an  extra  session  of  the 
Legislature,  and  by  fresh  and  prompt  legislation  relieve  the 
banks  from  the  operation  of  the  laws  as  they  then  stood. 
This  was  deemed  unwise  after  the  decision  of  the  courts 
already  mentioned,  and  Mr.  Samuel  B.  Buggies  and  I  were 
employed  by  the  presidents  of  the  banks  in  the  city  to  go  to 
Albany,  present  to  Governor  King  their  memorial,  and  enforce 
their  views  against  an  extra  session  of  the  Legislature.  Mr. 
Euggles  and  I  discharged  that  duty,  and  on  our  return  to  the 
city  addressed  a  letter  to  the  gentlemen  who  had  employed  us, 
giving  an  account  of  our  interview  with  the  Governor.  It  was 
written  by  me  with  the  assistance  of  Mr.  Buggies.  As  it  con- 
tains a  brief  history  of  the  occurrences  by  which  the  banks 
were  saved  from  the  dreadful  effects  of  the  panic,  I  give  it 
below  in  a  note.* 

*  NEW  YORK,  October  17th,  1857. 
To  Thomas  Ttteston,  Esq.,  and  ether  Presidents  of  Banks  represented  in  the 

New  York  Clearing  House. 

GENTLEMEN  : — In  obedience  to  your  instructions  we  yesterday  ap- 
peared before  His  Excellency  Governor  King,  at  Albany,  to  present  your 
memorial  and  enforce  your  views  in  respect  to  the  proposed  extra  session 
of  the  Legislature. 


AND  COLLATERAL  REMINISCENCES.  329 

Our  sons,  John  and  Samuel  C.,  were  engaged  during  the 
year  in  New  York.  They  made  us  a  visit,  however,  of  a  few 

The  general  scope  and  character  of  the  public  views  then  submitted 
to  the  Governor  will  sufficiently  appear  in  the  brief  but  comprehensive 
outline  reported  in  the  Albany  newspapers,  and  copied  this  morning  in 
the  public  journals  of  this  city. 

We  deem  it  important,  however,  to  add,  that  in  addition  to  those 
broader  and  more  general  considerations,  we  also  submitted  in  detail,  the 
legal,  technical  reasons  necessary  to  show  that  the  "insolvency"  of  banks 
contemplated  by  existing  laws  and  calling  for  the  summary  process  of 
receivers  and  consequent  suspension  of  their  corporate  functions,  was  an 
actual,  practical  insolvency,  in  the  common  sense  of  the  term, — and  not  a 
merely  technical  or  constructive  insolvency  arbitrarily  inferred  from  a 
momentary  or  temporary  delay  in  paying  all  their  obligations  in  coin, — 
and  that  the  creditors  of  banks  actually  solvent,  might  safely  and 
properly  be  left  in  such  cases  to  their  ordinary  remedy  by  suit  at 
law. 

We  deemed  it  important  to  show  that  this  view  of  the  case  had  been 
explicitly  and  authoritatively  established  by  the  Supreme  Court  in 
recent  decisions,  and  also  to  satisfy  the  Governor  that  those  decisions  had 
been  made  in  cases  in  court  actually  arising,  and  were  in  no  sense  volun- 
tary or  extra-judicial. 

For  this  purpose  we  showed  to  him  that,  in  point  of  fact,  there  had 
been  three  separate  applications  for  injunctions  and  receivers  against 
three  different  banks,  pending  before  two  of  the  judges  of  this  district — 
two  before  one  judge  and  one  before  another — that  those  judges  having 
deemed  the  applications  important,  called  in  their  associates  of  this  and 
the  Second  Judicial  District  for  consultation,  as  is  often  done  in  difficult 
and  important  cases;  and  that  the  result  of  their  deliberations  was  a 
decision  by  the  two  judges  before  whom  the  applications  were  pending, 
denying  the  motions  for  injunctions  and  receivers.  This  decision  was  in 
accordance  with  the  unanimous  opinions  of  all  the  judges  present. 

As  the  community  was  deeply  concerned  in  the  questions  thus 
decided,  the  judges  very  wisely  and  properly  stated  the  propositions  on 
which  those  decisions  were  founded,  and  allowed  a  report  of  them  to  be 
published. 

In  this  they  did  no  more  than  has  been  often  done  by  the  old  Court 
for  the  Correction  of  Errors  and  the  present  Court  of  Appeals,  viz.,  pass 
resolutions  in  important  cases  of  public  interest,  declaring  the  principles 
settled  in  the  case  decided,  and  allow  them  to  be  reported  and  published. 
Since  the  announcement  of  these  propositions,  Judge  Roosevelt,  on 
the  application  made  to  him  for  an  injunction  and  receiver  against  the 


330  AUTOBIOGKAPHY 

weeks  in  July.  Alfred  was  at  school  in  Watertown,  Conn., 
and  Lawrence  at  South  Williams  town,  Mass.  Our  two  eldest 
daughters  passed  the  year  at  home,  except  when  absent  on 
visits.  The  rest  of  the  children  who  were  old  enough, 
attended  school  in  Geneva. 

My  religious  duties  at  Albany  were  discharged  in  the  same 
way  they  were  the  year  before,  and  as  I  mentioned  in  my 
account  of  that  year. 

Some  extracts  from  my  diary  will  show  my  spiritual  state, 
and  my  progress,  if  any,  in  holiness  : 

Monday,  January  5th.  On  leaving  home  for  Albany. — "  Gra- 
cious God,  be  with  me  and  assist  me  in  the  discharge  of  my 
duties.  May  I  discharge  them  with  a  single  eye  to  thy  glory,  and 
the  good  of  my  fellow-men.  I  commit  my  companion,  children, 
and  family  to  thy  fatherly  care — watch  over  and  preserve  them,  I 
entreat  thee,  and  permit  me  to  join  them  in  the  spring  in  peace  and 
safety." 

Thursday,  February  12th. — "  Yesterday  was  a  most  interesting 
day.  The  Governor,  by  his  veto  message,  sustained  my  course  in 
the  Assembly  on  the  Supply  bill,  and  honest  legislation  tri- 
umphed. For  this  I  return  thanks  to  Him  who  overrules  all 
things." 

Friday,  June  5th. — "  The  day  was  a  happy  one.  Our  daughter 
Mary  communicated  her  intention  to  join  the  church  to  her 
mother  and  me.  This  was  in  the  forenoon.  She  had  already  had 
an  interview  with  our  pastor.  My  interview  with  her  after  her 
intention  was  declared  was  delightful.  Hers  seems  to  be  a  clear 

Bank  of  New  York,  has  denied  the  motion,  and  is  preparing,  as  we 
understand,  his  reasons  in  full  for  his  decision. 

After  presenting  these  and  other  facts  and  views  to  the  Governor,  we 
respectfully  asked  for  an  expression  of  his  opinion  on  the  subject.  He 
was  pleased  to  say,  in  answer,  that  he  had  "  listened,  with  pleasure  and 
advantage,  to  the  reasons  presented  in  behalf  of  the  leading  banks  of  the 
city  of  New  York,"  but  that  he  was  not  prepared,  at  present,  to  do  more 
than  to  hold  the  question  of  an  extra  session  in  reserve. 

Respectfully,  your  very  obedient  servants, 

SAMUEL  A.  FOOT, 
SAMUEL  B.  RUGGLES. 


AND  COLLATERAL  REMINISCENCES.  331 

case  of  genuine  conversion,  gradually  accomplished.  The  change 
has  been  gradual  though  perceptible.  The  work  of  grace  has  been 
single  and  effectual.  Her  determination  to  acknowledge  her 
Saviour  openly  was  stimulated  by  no  exterior  influences.  It  arose 
from  an  inward  holy  purpose,  wrought  by  the  grace  of  God.  Her 
examination  in  the  afternoon  by  the  pastor  and  elders  was  happily 
and  beautifully  sustained  and  most  acceptable  to  me." 

"  0  God,  I  thank  thee  for  thy  merciful  dealings  with  me ;  and 
especially  for  drawing  my  dear  daughter  into  thy  fold — complete, 
I  entreat  thee,  the  work  of  grace  so  happily  begun  in  her  heart, 
and  prepare  her  for  the  duties  of  this  life  and  for  thy  holy 
presence.  I  ask  all  for  Jesus'  sake." 

MEMOKANDUM. — This  prayer  was  answered.  She  lived  in 
accordance  with  her  profession,  and  died  this  year  (1870),  on  the 
13th  of  August,  as  a  Christian  wife  and  mother  should,  calmly, 
confiding  in  her  Redeemer,  and  yielding  her  life  freely  to  the  will 
of  Him  who  gave  it. 

Wednesday,  July  1st. — "  This  is  the  twenty-third  anniversary 
of  Mrs.  Foot's  and  my  marriage.  We  have  been  spared  through 
the  mercy  of  our  God  to  this  time,  and  been  permitted  to  live  hap- 
pily and  prosperously.  Our  children  all  give  promise  of  useful- 
ness. Indeed,  our  blessings  are  without  number,  and,  gracious 
God,  I  desire  this  morning  to  record  my  deep  and  heartfelt  thanks 
to  thee  for  giving  me  my  dear  companion,  and  crowning  our 
union  with  so  much  happiness  and  so  many  blessings." 

Sunday,  July  12th. — "  I  came  near  being  killed  yesterday.  A 
plank  thrown  from  a  scaffold,  erected  to  repair  one  of  my  out- 
buildings, struck  me  directly  on  the  top  of  my  head,  and  had  not 
the  end  struck  the  ground  so  as  not  to  give  me  a  full  blow,  I 
should  doubtless  have  been  killed.  Truly,  in  the  midst  of  life  we 
are  in  death.  God,  I  thank  thee  for  preserving  my  life." 

Thursday,  November  26th. — "  This  is  Thanksgiving  day,  and  I 
desire  to  record  my  deep  and  sincere  thanks  to  my  Heavenly 
Father  for  all  his  kind  and  merciful  dealings  with  me  and  mine 
during  the  past  year,  and  especially  for  the  abundance  of  food 
yielded  by  the  piece  of  His  earth  allowed  to  me.  Gracious  God,  I 
commit  myself  and  all  dear  to  me  to  thy  holy  and  watchful  care — 
pardon  my  sins  and  accept  of  me  and  mine  for  Christ's  sake." 
Thursday,  December  17th.--"  This  is  my  birthday.  I  am 


332  AUTOBIOGRAPHY 

sixty-seven  years  of  age.  In  the  eyes  of  the  world,  and  in  fact,  I 
am  an  old  man.  Yet  through  the  merciful  dealings  of  a  kind 
Providence,  I  have  not  yet  felt  the  approaches  of  old  age.  My 
health  is  good,  my  faculties  unimpaired  so  far  as  I  perceive.  I 
acquire  knowledge  as  readily  and  enjoy  its  acquisition  as  much  as 
ever.  To  thee,  0  God,  am  I  indebted  for  all  these  blessings,  and 
with  a  grateful  heart  record  my  thanks  for  them.  Oh  help  me  to 
prepare  for  thy  presence,  which  I  must  soon  enter.  I  ask  it  for 
Christ's  sake." 


1858. 

This  year  was  materially  different  from  the  two  preceding, 
both  in  respect  to  the  manner  in  which  my  time  was  employed, 
and  the  changes  and  occurrences  in  the  family.  Your  brother 
John,  with  my  aid,  had  acquired  a  large  practice  for  one  who 
was  only  in  the  second  year  of  his  profession.  Many  of  the 
suits  in  which  he  was  employed  were  important,  and  were  no 
doubt  brought  to  the  office  under  the  expectation  that  I  would 
take  an  active  part  in  conducting  them.  To  meet  this  expec- 
tation, my  presence  in  the  city  often,  and  for  weeks  at  a  time, 
was  required.  My  presence  there,  engagement  in  the  courts 
at  the  hall,  and  my  qualified  partnership  with  Mr.  Curtis, 
brought  numerous  retainers  to  me,  beside  those  in  suits  in 
which  John  was  the  attorney.  These  various  and  numerous 
professional  engagements  obliged  me  not  only  to  be  often  in 
New  York  and  pass  a  large  portion  of  my  time  there,  but  also 
to  be  occasionally  at  Albany  before  the  Court  of  Appeals.  I 
made  no  less  than  eight  journeys  to  New  York,  and  several  to 
Albany,  and  passed  in  those  two  cities,  but  mainly  in  New 
York,  full  five  months,  which,  together  with  two  days  at 
Eochester,  two  at  Ovid,  Seneca  County,  two  at  Watkins, 
Schuyler  County,  and  time  spent  in  professional  studies  and 
investigations  at  home  to  prepare  myself  for  arguments  at 
Albany  and  New  York,  took  far  more  than  half  the  year.  I 
heard  and  decided  this  year  only  two  causes  as  referee.  The 


AND  COLLATERAL  REMINISCENCES.  333 

hearing  in  one  of  them  was  at  Ovid,  and  in  the  other  at 
Watkins. 

The  only  cessation  from  labor  for  recreation  which  I  had 
during  the  year,  beside  a  day  or  half  a  day  now  and  then  dur- 
ing the  summer  spent  in  fishing  with  some  of  my  sons,  was  a 
visit  of  a  few  days  near  the  close  of  August  to  my  only  sur- 
viving sister,  Mrs.  York,  at  Ogdensburgh.  My  daughter  Mary 
and  my  son  Thomas  were  with  me.  We  were  absent  from 
home  only  eight  days. 

Early  in  June  I  went  to  Newark,  New  Jersey,  to  attend  a 
meeting  of  the  General  Synod  of  our  church,  to  which  I  was  a 
delegate  from  the  Classis  of  Geneva.  I  spent  eight  days  there, 
and  took  a  part  in  the  proceedings.  On  the  invitation  of  the 
Hon.  Joseph  P.  Bradley,  now  (1870)  an  Associate  Justice  of 
the  Supreme  Court  of  the  United  States,  I  was  a  guest  at  his 
house.  My  time  was  passed  most  agreeably,  and  I  hope 
usefully. 

On  the  2d  of  July,  my  son,  Samuel  C.,  had  a  hemorrhage 
from  his  lungs  caused  by  imprudent  lifting,  and  came  home 
the  next  day.  His  brother  John  came  with  him.  He  im- 
proved in  health,  and  was  apparently  getting  well.  But  early 
in  September  he  took  a  severe  cold  from  exposure  on  the  lake, 
and  had  a  return  of  the  hemorrhage.  He  was  quite  ill  for 
some  weeks.  It  was  decided  that  he  should  go  West  into  the 
dry  and  light  atmosphere  of  the  Western  prairies,  and  having 
acquaintances  in  the  vicinity  of  Lawrence,  in  the  state  of  Kan- 
sas, that  locality  was  the  place  fixed  upon  for  his  future 
residence. 

I  left  home  with  him  on  the  21st  of  September.  We  went 
a  circuitous  route,  viz.,  to  Suspension  Bridge,  through  Canada 
to  Detroit,  Chicago,  Davenport,  Iowa,  down  the  Mississippi 
to  St.  Louis,  by  railroad  to  Jefferson  City,  from  there  by 
boat  up  the  Missouri  river  to  Leavenworth,  Kan.,  and  by  post- 
coach  to  Lawrence.  We  did  not  ride  by  railway  at  night,  and 
stopped  several  days  at  Davenport.  Samuel  C.  grew  better 
daily,  and  by  the  time  we  reached  Kansas  seemed  to  be  quite 
well.  I  left  him  in  the  family  of  a  friend,  and  came  directly 


334  AUTOBIOGRAPHY 

home  by  the  way  of  Leavenworth,  Jefferson  City,  St.  Louis, 
Cincinnati,  and  Buffalo.  I  reached  home  on  the  14th  of 
October. 

My  diary  contains  a  full  account  of  this  journey,  of  the  per- 
sons met  with,  and  of  the  interesting  incidents  which  occurred. 
It  proved  a  fortunate  one  for  Samuel  C.,  for  he  entirely 
regained  his  health. 

While  in  New  York  and  Albany,  my  time  not  demanded 
by  my  profession  was  spent  in  social  duties  and  enjoyments 
and  general  reading,  and  at  home,  in  the  same  way  and  in 
domestic  matters,  affairs  of  the  church,  attention  to  our  chil- 
dren, playing  backgammon,  drafts,  and  chess,  and  riding  with 
them  and  your  mother.  She  and  I  rode  on  horseback  quite 
often  this  year. 

Alfred  was  examined  and  entered  Union  College  in  July, 
and  in  September  commenced  his  collegiate  course.  Lawrence 
remained  at  school  in  South  Williamstown.  Robert  Ebenezer 
and  Thomas  attended  Dr.  Reed's  school.  The  other  children 
who  were  old  enough,  attended  schools  in  the  village. 

There  remains  only  one  other  occurrence  of  the  year  to  be 
especially  mentioned.  That  was  an  important  one,  and 
enabled  me  to  render  a  valuable  service  to  the  country  in  aid- 
ing the  cause  of  freedom  and  the  abolition  of  slavery. 

There  was  in  this  village  an  association  of  gentlemen 
organized  under  the  name  of  "  The  Geneva  Literary  and 
Scientific  Association,"  of  which  I  was  a  member.  The  Asso- 
ciation met  fortnightly  at  the  residences  of  the  members,  and 
at  each  meeting,  a  member  previously  designated  read  a  thesis 
on  a  subject  also  previously  designated,  as  I  have  heretofore 
mentioned.  The  Association  was  to  meet  at  my  house  on  the 
evening  of  the  28th  of  December,  and  I  was  to  read  a 
thesis. 

During  the  whole  of  this  year,  the  subject  of  slavery,  and 
the  opinions  of  the  Judges  of  the  Supreme  Court  of  the  United 
States  in  the  "  Dred  Scott  Case,"  occupied  the  public  mind, 
and  I  saw  that  there  was  wanted  a  brief,  clear,  and  fair  expo- 
sition of  that  case,  free  from  professional  technicalities,  for 


AND  COLLATERAL  REMINISCENCES.  335 

the  general  reader  and  the  popular  mind.  I  determined  early 
in  November  to  undertake  the  preparation  of  such  a  paper, 
and  proposed  it  as  my  thesis  before  our  Association.  It  was 
approved.  I  devoted  a  good  deal  of  time,  snatched  from  other 
duties,  to  it,  wrote  it  with  great  care,  and  read  it  before  the 
Association  on  the  evening  of  the  28th  of  December.  It  was 
received  with  great  favor,  and  the  Association,  contrary  to  their 
usual  course,  determined  to  publish  it.  It  was  printed  in 
New  York  in  January,  1859,  with  the  following  title  page  : 

An  Examination  of  the  Case  of  DEED  SCOTT  against  SAND- 
FORD,  in  the  Supreme  Court  of  the  United  States,  and  a 
Full  and  Fair  Exposition  of  the  Decision  of  the  Court, 
and  of  the  Opinions  of  the  Majority  of  the  Judges.  Pre- 
pared at  the  request  of,  and  read  before  "  The  Geneva 
Literary  and  Scientific  Association/'  on  Tuesday  Even- 
ing, 28th  December,  1858.  By  Hon.  Samuel  A.  Foot, 
LL.D.,  late  Judge  of  the  Court  of  Appeals.  Published 
by  order  of  the  Association.  Geneva,  N.  Y.,  Jan- 
uary, 1859. 

It  is  No.  50  of  "  Papers  Written  by  me." 

A  large  edition  of  it  was  printed,  and  copies  of  it  found 
their  way  over  the  country,  and  especially  in  the  free  states. 
It  was  noticed  and  commended  extensively  by  the  public  jour- 
nals in  those  states.  A  few  of  those  notices  by  journals  in  our 
state  are  appended  to  it. 

It  aided  materially  to  enlighten  the  popular  mind,  and 
prepare  it  for  the  great  struggle  which  began  two  years  after- 
wards, to  wipe  out  the  foul  blot  of  slavery  from  our  national 
escutcheon. 

My  hours  for  private  and  family  devotions,  for  religious 
reading,  for  the  religious  instruction  of  my  children,  my  man- 
ner of  spending  the  Sabbath,  my  prayers  for  the  preservation 
of  myself,  my  companion,  children,  and  family  whenever  I  left 
home,  my  thanks  on  my  return  for  such  preservation,  my 
prayers  for  the  conversion  of  my  children,  have  been  for  years, 
and  have  continued  to  be,  so  uniform,  that  I  shall  hereafter 


336  AUTOBIOGRAPHY 

only  mention  marked  deviations,  if  any,  from  them,  and 
special  occasions.  My  children  will  find  in  my  diary  many 
recorded  prayers  and  thanks  to  my  Heavenly  Father  which 
relate  to  them ;  also  in  the  correspondence  between  their 
mother  and  me. 

December  23d,  Thursday.  On  my  return  from  the  city  after 
an  absence  of  some  weeks. — "  I  found  my  family  well  and  happy. 
To  thee,  0  God,  do  I  return  my  thanks  for  thy  kind  dealings  with 
me  and  mine.  The  birthdays  of  Mrs.  Foot  and  myself  have 
occurred  during  my  absence,  hers  on  the  15th  and  mine  on  the 
17th  instant.  God  has  graciously  spared  our  lives  for  another 
year.  Would  that  mine  own  had  been  more  usefully  spent. 
Father  of  all  mercies,  if  consistent  with  thy  holy  will,  permit  me 
and  rny  dear  wife  to  continue  instruments  in  thy  hands  to  bring 
up  the  children  thou  hast  given  us  in  thy  fear.  Spare  their  lives 
and  draw  them  to  thyself.  I  ask  it  for  the  dear  Bedeemer's 
sake." 

January  1st,  1859. — "  The  preceding,  with  the  correspondence 
referred  to  in  it,  shows  how  I  have  passed  the  year.  Like  the  close 
of  every  year,  I  feel  my  deficiencies,  and  was  a  just  God  to  deal 
with  me  according  to  my  deserts,  I  should  be  driven  from  His  pres- 
ence and  cut  off  as  a  cumberer  of  the  earth.  But  my  Heavenly 
Father  is  merciful,  and  in  the  plentitude  of  His  love  bears  with  me 
and  withholds  deserved  chastisements.  I  thank  thee,  0  God,  for 
thy  merciful  dealings  with  me  the  past  year ;  for  the  preservation 
of  myself,  my  companion,  and  our  children,  for  the  happiness  and 
prosperity  we  have  enjoyed,  and  for  our  spiritual  privileges.  Wilt 
thou  take  me,  my  companion,  and  our  children  into  thy  holy 
keeping,  and  do  more  and  better  for  us  than  we  can  think  or  ask 
during  the  year  on  which  we  have  entered.  I  ask  it  for  Christ's 


1859. 

This  year  varies  in  several  respects  from  previous  years. 
My  professional  engagements  were  almost  wholly  in  the  city 
of  New  York,  and  were  mainly  in  causes  in  which  my  son 
John  was  the  attorney,  and  which  were  conducted  by  him  and 


AND  COLLATERAL  REMINISCENCES.  337 

me.  I  attended  the  Court  of  Appeals  at  Albany  only  twice 
during  the  year,  viz.,  at  the  January  and  September  terms, 
and  on  each  occasion  only  a  few  days — in  January  to  argue 
one  cause,  and  in  September,  two.  These  and  one  day  early 
in  September  at  Kochester,  to  argue  a  cause  before  the  Su- 
preme Court,  were  the  only  professional  engagements  I  had 
out  of  the  city  of  New  York.  But  my  engagements  there 
were  numerous  and  important.  I  made  seven  journeys  to  the 
city  and  passed  one-third  of  the  year  there,  and  while  there 
was  constantly  occupied.  Professional  reading  and  studies  at 
home  required  only  a  very  small  portion  of  my  time  in  com- 
parison with  time  thus  occupied  in  previous  years. 

This  year  I  neither  wrote  anything  for  publication,  nor 
made  a  public  address;  and  the  only  public  duty  I  discharged, 
was  attending  the  Republican  convention  held  in  Syracuse 
early  in  September,  to  which  I  was  a  delegate.  My  object  in 
attending  it  was  to  promote  the  nomination  of  my  nephew, 
Henry  E.  Davies,  then  a  Judge  of  the  Supreme  Court,  for  the 
office  of  Judge  of  the  Court  of  Appeals,  and  of  my  friend, 
Charles  Gr.  Myers,  of  Ogdensburgh,  for  the  office  of  Attorney 
General.  Both  nominations  were  made,  and  the  nominees 
were  elected  at  the  following  election  in  November. 

I  allowed  myself  this  year  two  tours  for  rest  and  re- 
creation. 

Mrs.  Foot  and  our  daughter  Mary  went  with  me  to  New 
York  early  in  January.  After  passing  a  fortnight  there,  I  in 
business,  and  they  in  visiting  our  relatives  and  friends,  we 
went  to  Washington,  where  we  spent  nearly  three  weeks  very 
pleasantly.  We  met  many  friends  and  acquaintances,  and 
made  a  number  of  new  ones.  All  were  attentive  to  us.  We 
visited  a  good  deal,  and  attended  several  fashionable  parties. 
We  also  looked  at  everything  of  interest  in  Washington. 

My  children  will  find  a  full  account  of  our  visit  in  my 
diary. 

Near  the  close  of  July  I  left  home  with  my  daughters 
Euphemia  and  Mary  for  a  tour  to  the  White  Mountains  in 
New  Hampshire.  We  went  to  Rochester  and  there  took  a 
22 


338  AUTOBIOGRAPHY 

steamer  for  Ogdensburgh,  where  we  stopped  several  days,  to 
visit  my  sister  York  and  other  relatives.  From  there  we  went 
in  a  steamer  down  the  St.  Lawrence,  through  all  the  rapids  to 
Montreal.  After  passing  a  couple  of  days  there  in  sight-see- 
ing, we  went  to  the  White  Mountains  by  the  way  of  Gorham 
on  the  Androscoggin  river.  From  Gorham  we  followed  the 
Peabody  river  in  a  post-coach  to  the  Glen  House,  where  we 
passed  several  days.  While  there  we  went  to  the  top  of 
Mount  Washington.  From  the  Glen  House  we  went  round 
the  mountains  to  the  Crawford  House  and  Profile  House,  at 
each  of  which  we  spent  a  day.  From  the  latter  we  went  to 
Burlington,  Vermont,  and  from  there  through  Lake  Champlain 
in  a  steamer  to  Ticonderoga,  then  by  post-coach  to  Lake 
George.  From  the  head  to  the  foot  of  that  lake  in  a  steam- 
boat, and  stopped  at  the  Fort  William  Henry  Hotel.  There 
we  passed  a  couple  of  days.  Then  came  home  by  the  way  of 
Saratoga  Springs  and  Schenectady.  We  reached  home  on  the 
16th  day  of  August,  after  an  absence  of  three  weeks.  This 
tour  was  charming.  We  met  at  several  points  agreeable 
acquaintances.  Nothing  occurred  to  mar  our  pleasure,  and 
every  day  brought  new  and  additional  enjoyment. 

A  full  account  of  this  tour  will  be  found  in  my  diary. 

My  time  at  Geneva  this  year,  besides  the  small  part 
devoted  to  professional  reading  and  studies,  was  occupied  in 
social  duties,  general  reading,  domestic  matters,  affairs  of  the 
church,  instructing  my  children,  riding  with  them  and  their 
mother,  and  joining  them  in  fishing  and  other  amusements.  I 
heard  Alfred  recite  daily  during  his  vacation  in  April  a  lesson 
in  Greek,  Latin,  and  Algebra.  At  the  close  of  that  vacation 
his  mother  and  I  consented  to  his  relinquishing  the  acquisi- 
tion of  a  liberal  education,  and  to  his  entering  a  mercantile 
house  in  the  city  to  prepare  himself  for  that  pursuit.  He 
took  his  dismission  from  college  on  the  29th  of  April,  and 
commenced  the  study  of  German,  which  he  pursued  till  the 
end  of  June,  when  he  went  to  New  York  and  commenced  a 
clerkship  in  the  mercantile  house  of  which  my  friend,  Wilson 
<G.  Hunt,  was  the  principal. 


AND  COLLATERAL  REMINISCENCES.  339 

John  devoted  himself  to  his  profession  this  year.  Samuel 
C.  purchased  a  small  farm  in  Kansas,  and  was  engaged  in  cul- 
tivating it.  Lawrence  and  Eobert  E.  were  at  school  in  South 
Williamstown,  Mass. ;  Thomas  at  Dr.  Reed's,  and  the  other 
children  in  Geneva. 

A  couple  of  extracts  from  my  diary  of  a  religious  character 
will  close  the  account  of  the  year : 

Monday,  September  5th. — "Spent  my  Sabbath  yesterday  as 
usual  in  Geneva.  We  had  communion  in  the  morning.  The  ser- 
vices were  delightfully  conducted  by  our  pastor.  I  greatly  enjoyed 
them.  *  *  *  Gracious  God,  help  me  to  live  nearer  to  thee 
hereafter  than  I  have  hitherto  done.  This  I  am  resolved  to  do, 
and  oh,  give  me  grace  to  keep  my  resolution ! " 

Sunday,  January  1st,  I860.— "The  preceding  record  shows 
how  my  year  has  been  passed. 

"  Were  I  to  be  judged  by  my  Heavenly  Father  according  to 
the  standard  of  Christian  duty  prescribed  in  His  holy  word,  His 
righteous  judgment  would  condemn  me,  and  drive  me  from  His 
presence  forever.  I  turn  from  this  unhappy  view  of  my  condition 
to  my  blessed  Saviour,  and  trusting  in  the  atonement  he  has  made 
for  my  sins,  I  hope  through  him  to  be  forgiven  and  reconciled  to 
my  God  and  Father.  If  consistent  with  thy  holy  will  to  spare  my 
life  for  another  year,  enable  me,  0  God,  to  spend  it  more  usefully 
and  more  in  accordance  with  thy  holy  will." 


I860. 

This  year  brought  with  it  longer  absences  from  home,  a 
greater  amount  of  professional  labor,  disappointment  in  my 
hopes  of  the  future,  and  anxiety  of  mind. 

My  son,  John,  when  at  Geneva  in  December,  1859,  making 
us  a  Christmas  visit,  took  a  cold,  which  hung  upon  him  all 
winter,  and  produced  a  constant  cough.  As  spring  ap- 
proached, the  cough  did  not  abate,  and  early  in  March,  having 
some  professional  business  in  Georgia,  he  went  there,  attended 
to  the  business,  and  then  spent  several  weeks  with  some 


340  AUTOBIOGRAPHY 

friends  of  ours  in  that  state.  He  returned  in  April.  His 
health  improved  by  this  change  of  climate  and  relaxation  from 
business, — still  his  cough  continued,  though  somewhat  less 
violent.  The  summer  came,  and  his  cough  not  being  any  bet- 
ter, he  concluded  to  go  West,  close  up  some  matters  of  busi- 
ness for  his  brother,  Samuel  C.,  who  left  Kansas  and  came 
home  in  June,  and  then  go  farther  West  on  to  the  prairies, 
and  hunt  buffalo  and  other  game  for  a  few  weeks.  This  he 
did.  He  left  for  Kansas  early  in  August  and  returned  in 
September.  While  West  his  health  improved  and  his  cough 
abated.  But  on  coming  back  to  the  city,  his  cough  returned 
with  increased  violence.  On  consulting  a  physician,  he  was 
advised  to  leave  the  city  and  take  up  his  residence  at  the 
West  on  the  prairies.  This  advice  he  followed.  He  left  the 
city  near  the  close  of  October  and  passed  the  winter  in  West- 
ern Missouri. 

His  illness  and  absence  cast  a  large  amount  of  professional 
labor  upon  me — disappointed  all  my  plans  and  hopes,  which 
rested  on  his  residence,  usefulness,  and  distinction  in  the  city, 
and  filled  me  with  anxiety. 

More  than  seven  months  of  this  year  were  passed  in  the 
city,  and  the  whole  time  was  given  to  my  profession.  While 
there,  my  engagements  took  me  a  few  times  to  Albany,  to 
argue  cases  before  the  Court  of  Appeals,  and  once  to  Owego, 
to  argue  a  cause  in  the  Supreme  Court.  While  at  home  some 
portion  of  my  time  was  also  necessarily  devoted  to  professional 
business,  studies,  and  reading. 

Your  mother  went  twice  to  the  city  with  me,  and  passed 
several  weeks  each  time  with  me  there. 

My  evenings  in  the  city  and  a  large  part  of  my  time  at 
home  were  given  to  social  duties.  General  reading,  domestic 
matters,  instruction  of  my  children,  joining  in  their  amuse- 
ments. The  affairs  of  the  church  also  required  and  received 
portions  of  my  time. 

Two  occurrences  this  year  made  inroads  upon  my  time. 
A  store  which  I  owned  in  the  city  was  destroyed  by  fire  on  the 
29th  day  of  December,  1859.  The  re-building  of  it  required 


AND  COLLATERAL  REMINISCENCES.  341 

attention,  and  some  of  my  time  during  the  first  four  months  of 
the  year.  On  the  2d  of  May  I  was  attacked  by  severe  illness, 
and  was  unable  to  attend  to  business  during  the  whole  of  that 
month,  and  only  to  a  limited  extent  during  the  month  of  June. 
This  sickness  was  so  strange  and  unexpected,  that  I  will  give 
an  account  of  it  as  entered  in  my  diary  in  the  handwriting  of 
your  mother  : 

Tuesday,  May  29th.—"  Spent  Wednesday  the  2d  of  this  month 
reading,  writing  letters,  and  superintending  work  on  my  place. 
In  the  evening  went  to  lecture  with  Mrs.  Foot.  Before  going  to 
church  felt  somewhat  unwell,  trembled  and  felt  chills,  also  as  if  I 
had  a  thorn  in  the  second  lobe  of  the  middle  finger  of  my  right 
hand.  While  at  church  my  trembling  and  chills  increased.  Soon 
after  my  return,  excruciating  pain  commenced  in  my  finger,  hand, 
and  arm,  trembling  and  chills  increased,  with  severe  sickness  at 
the  stomach  and  violent  vomiting.  The  pain  was  so  severe  as  to 
deprive  me  for  a  few  hours  of  my  reason.  Doctor  B.,  who  attended 
me,  opened  my  finger  that  night,  and  the  next  day  again  in  two 
other  places,  and  the  day  after  in  two  places  more.  He  also 
opened  my  arm  near  the  elbow.  From  that  time  to  this  he  has 
almost  daily  performed  operations  on  my  finger  and  hand.  My 
arm  is  now  nearly  well,  but  my  finger  and  hand  are  still  in  a  bad 
state.  The  Doctor  has  removed  my  finger  to  the  first  joint,  and 
to  some  extent  below  it,  so  that  if  my  finger  gets  well  it  will  be 
only  a  stump.  A  few  days  after  my  attack,  my  general  health  be- 
came good,  and  has  remained  so  ever  since.  I  have  suffered  a 
great  deal  of  pain  in  the  almost  daily  operations. 

"  I  have  been  able  to  read  but  little,  and  to  do  little  more  than 
dictate  necessary  business  letters,  and  give  some  attention  to 
work  going  on  upon  my  place.  Until  within  the  last  two  or  three 
nights,  my  rest  has  been  more  or  less  disturbed. 

"  This  illness  has  kept  me  from  my  duties  and  business  in  the 
city,  and  will  cause  me  considerable  pecuniary  loss. 

"  This  dispensation  came  suddenly  upon  me,  and  apparently 
without  cause.  The  chastisement,  I  know,  is  inflicted  by  my 
Heavenly  Father's  hand  in  mercy  and  love,  and  I  pray  that  it  may 
be  sanctified  to  me  and  mine. 

"I  am  now  so  much  better  that  I  hope  to  resume  my  daily 


342  AUTOBIOGRAPHY 

reading  and  pay  my  usual  attention  to  the  duties  I  owe  my  chil- 
dren and  family." 

The  presidential  election  this  year  appeared  to  me  to  in- 
volve, as  the  result  showed  it  did,  our  national  existence.  I 
did  what  I  could  to  secure  the  election  of  the  Republican  can- ' 
didates.  Among  other  acts  I  presided  at  two  political  meet- 
ings held  in  this  village — one  on  the  27th  day  of  July,  and  the 
other  on  the  30th  day  of  October.  At  the  former,  it  being 
the  first  meeting  held,  and  the  opening  of  the  political  cam- 
paign in  this  section  of  the  state,  I  delivered  a  short  address 
which  I  had  prepared  for  the  occasion.  It  was  published;  and 
as  it  shows  my  views  of  that  great  contest  it  will  be  found 
among  "  Papers  Written  by  me,"  being  No.  51  of  those 
papers.  I  also  delivered  a  full  address  on  the  evening  of  the 
25th  of  September,  in  the  city  of  New  York,  before  the 
"  Young  Men's  Republican  Union."  The  audience  was  large 
and  the  address  well  received.  It  was  favorably  noticed  in 
the  public  journals,  but  I  spoke  only  from  brief  notes,  and  on 
the  general  topics  involved  in  the  contest.  There  was  noth- 
ing in  it  of  special  interest. 

Samuel  C.  having  recovered  his  health  in  Kansas,  and  pre- 
ferring a  mariner's  life  to  farming,  came  home  in  June  as 
already  mentioned,  and  after  a  visit  of  a  few  weeks  went  to 
sea. 

Our  daughters,  Euphcmia  and  Mary,  passed  the  year  at 
home,  each,  however,  making  a  visit  of  several  weeks  to  our 
relatives  in  the  city  and  New  Jersey.  Alfred  continued  his 
clerkship  in  the  city.  Lawrence  worked  on  the  farm.  Robert 
E.  and  Thomas  were  at  school  in  South  Williamstown,  and 
all  the  younger  children  at  school  in  this  village. 

I  had  only  one  brief  relaxation  from  business  while  in 
health  sufficient  to  attend  to  it. 

Being  able  early  in  June  to  resume  business  to  a  limited 
extent,  I  went  to  the  city  accompanied  by  your  mother.  We 
did  not  take  lodgings  in  the  city,  but  went  to  Millbum,  N.  J., 
and  staid  a  fortnight  with  your  aunt  Eliza.  I  went  daily  to 
the  city.  We  then  went  to  Weston,  N.  J.,  and  remained 


AND  COLLATERAL  REMINISCENCES.  343 

there  with  our  relatives  and  friends,  Mr.  and  Mrs.  Cornell,  till 
the  beginning  of  July,  with  the  exception  of  a  week  which 
we  spent  in  an  excursion  to  Bethlehem,  Pa.,  where  we  passed 
a  few  days.  Your  mother,  in  her  youth,  spent  several  years  at 
the  "  Moravian  Seminary  for  Young  Ladies "  at  that  place. 
She  found  several  of  her  teachers  still  living,  and  had  interest- 
ing interviews  with  them.  We  were  there  on  the  Sabbath, 
and  present  at  one  of  then:  "Love  Feasts."  Your  aunts, 
Eliza  and  Catharine,  accompanied  us.  Your  aunt  Eliza  was 
also  educated  at  that  Seminary. 

I  will  close  the  account  of  the  year  with  two  extracts  from, 
my  diary : 

Wednesday,  April  25th.  On  my  return  home  after  several 
weeks  of  absence  in  the  city. — "  I  have  been  prospered  in  my  busi- 
ness ;  having  argued  several  important  causes,  and  been  allowed 
full  health  and  the  full  use  of  my  faculties.  I  thank  thee,  Heav- 
enly Father,  for  these  temporal  blessings,  and  for  thy  care  over  my 
companion,  children,  and  family  during  my  absence.  Nor  do  I 
forget,  and  I  desire  to  record  my  thanks  to  thee  for  the  spiritual 
privileges  I  and  mine  enjoy.  Pour  out  thy  spirit  upon  us,  and 
may  parents  and  children  all  be  drawn  to  thee,  and  become  joint 
partakers  of  the  redemption  purchased  by  the  Saviour  for  sinful 
and  fallen  man." 

Saturday,  December  29th.  After  an  absence  of  nearly  a  month 
and  in  my  account  of  the  time  while  away  from  home. — "  On  the 
15th  day  of  this  month  Mrs.  Foot  reached  the  age  of  fifty-two  and 
entered  on  her  fifty-third  year.  On  the  17th  day  of  the  month  I 
became  seventy  years  of  age  and  entered  on  my  seventy-first  year. 
I  have  thus  reached  the  age  of  man.  My  faculties  of  mind  and 
body  appear  to  be  unimpaired.  My  health  is  good  and  so  is  Mrs. 
Foof  s.  To  thee,  0  God,  are  we  indebted  for  these  blessings,  and 
I  desire  to  express  and  record  my  thanks  for  them.'* 


344  AUTOBIOGRAPHY 


1861. 

The  new  year  of  1861  found  me  actively  engaged  in  my 
profession  in  the  city  of  New  York,  where  I  was  detained  up- 
wards of  a  fortnight.  Five  months  and  a  half  of  this  year 
were  occupied  in  the  same  way,  and  I  was  obliged  to  make  seven 
journeys  to  the  city.  I  also  went  three  times  to  Albany,  and 
was  there  several  days  on  each  occasion  attending  the  Court 
of  Appeals.  The  hearing  of  some  cases  as  a  referee  took  me 
twice  to  Schuyler  County,  and  three  times  to  Rochester,  and 
altogether  took  up  nearly  a  fortnight  of  my  time.  The  rest  of 
the  year  was  passed  at  home,  except  a  few  days  in  May  spent 
in  a  journey  to  Washington,  and  a  few  days  in  November  in  a 
second  journey  to  that  city. 

My  time  at  Geneva,  and  my  evenings  when  away  from 
there,  were  employed  mainly  in  the  same  way  they  were  the 
previous  year.  There  was,  however,  this  marked  difference. 
This  year  "  The  Slaveholders'  Rebellion  "  took  head  and  lev- 
ied war  against  the  General  Government,  and  thus  began  the 
fearful  conflict  of  arms  which  continued  for  four  years.  Feel- 
ing that  all  I  had,  and  all  I  was,  had  been  acquired,  given, 
and  preserved  under  the  protection  of  our  benign  Government, 
I  resolved  to  resist,  to  the  utmost  of  my  power,  this  wicked 
attempt  to  destroy  it,  and  take  the  life  of  the  nation.  My  age 
prevented  me  from  taking  an  active  part  in  the  field,  but  all 
my  influence  and  all  my  money,  not  needed  for  the  actual 
wants  of  my  family,  were  fully  and  freely  given  to  the  support 
of  the  Government.  Truth,  however,  requires  me  to  say,  in 
this  connection,  that  I  never  doubted  the  final  success  of  the 
Government,  and  that  the  United  States  would  pay  back  to 
me  all  the  money,  principal  and  interest,  which  I  was  able  to 
lend  them. 

The  deep  interest  I  felt  in  the  contest  occupied  a  large 
portion  of  my  thoughts,  induced  me  to  read  more  fully  than 
ever  before  the  public  journals,  and  to  engage  in  an  active  and 


AND  COLLATERAL  REMINISCENCES.  345 

extended  correspondence  to  aid  and  stimulate  the  efforts  of 
others  to  aid  the  Government. 

My  three  eldest  sons  were  of  sufficient  age  to  bear  arms. 
While  I  resolved,  and  kept  my  resolution,  to  say  nothing  to 
either  of  them  to  induce  them  to  enter,  or  deter  them  from 
entering,  the  army,  and  to  leave  them  entirely  to  their  own 
views  of  duty,  it  yet  gave  unspeakable  pleasure  to  see  that 
they  did  not  hesitate  as  to  their  duty,  but  each  one  improved 
the  first  opportunity  to  enter  the  military  service  of  their  coun- 
try, and  avowedly  to  aid  in  suppressing  the  rebellion. 

Alfred,  my  third  son,  though  not  yet  of  age,  had  the  first 
opportunity  to  move.  He  was  a  clerk,  as  heretofore  men- 
tioned, in  a  mercantile  house  in  the  city  of  New  York.  He 
determined  at  once  to  help  put  down  the  rebellion.  His  first 
effort  was  through  his  cousin,  Captain,  afterwards  Admiral  A. 
H.  Foote,  then  stationed  at  the  Brooklyn  Navy  Yard,  to 
obtain  service  in  the  navy  ;  but  learning  from  his  cousin,  that 
being  a  landsman,  he  would  have  no  opportunity  for  active 
service  in  the  navy,  and  advised  by  him  to  join  some  of  the 
regiments  about  to  be  called  into  service,  he  joined  the  Sev- 
enth Eegiment  on  the  18th  of  May,  and  went  with  it  the  next 
day  to  Washington.  The  regiment  was  relieved  from  duty, 
after  a  few  weeks  of  service,  and  returned  to  New  York. 
Alfred,  having  had  no  active  service,  was  not  satisfied  with 
the  little  he  had  done  towards  suppressing  the  rebellion,  and 
asked  my  permission  to  apply  for  an  appointment  in  the  regu- 
lar army,  intending  to  resign  when  the  rebellion  was  subdued. 
I  gave  the  permission  asked.  He  applied  and  was  appointed 
a  first-lieutenant  in  the  14th  infantry,  and  ordered  on  recruit- 
ing service. 

Early  in  the  spring  of  1861,  John,  having  recovered  his 
health,  determined  to  settle  at  Bed  Wing,  Minnesota,  and 
resume  the  practice  of  his  profession.  He  made  arrangements 
for  a  partnership  with  a  prominent  lawyer  of  that  place,  but 
the  President's  call  for  volunteers  having  appeared,  he  con- 
cluded to  help  put  down  the  rebellion  before  perfecting  the 
partnership  and  commencing  business.  He  took  a  captaincy 


346  AUTOB103RAPHY 

and  raised  a  company  in  the  Second  Minnesota  "Regiment  of 
volunteers.  Spent  the  summer  at  Fort  Snelling  with  his 
company,  and  the  last  part  of  the  autumn  and  the  month  of 
December  with  his  regiment  in  Kentucky. 

Samuel  0.  returned  from  sea  in  July,  and  immediately 
determined  to  enter  the  navy  and  help  put  down  the  rebellion. 
He  was  examined  by  his  cousin,  Captain  Foote,  already  men- 
tioned, who  considered  him  qualified  for  the  position  of  master  ; 
but  I  thought  him  too  young  for  such  a  responsible  position, 
and  asked  his  appointment  as  master's  mate.  This  was  given 
him  on  the  1st  of  September.  He  was  ordered  on  board  the 
gunboat  "  Stars  and  Stripes,"  and  served  on  her  in  the  waters 
of  North  Carolina  the  rest  of  the  year. 

The  positions  of  these  sons,  correspondence  with  them,  and 
with  others  concerning  them,  engaged  many  of  my  thoughts, 
and  required  no  inconsiderable  portion  of  my  time. 

Anxious  to  see  how  my  son  Alfred  was  situated  at  Wash- 
ington, and  observing  that  many  of  the  cadets  at  West  Point 
from  the  South  had  proved  recreant,  resigned  and  joined  the 
rebellion,  I  concluded  to  go  to  Washington,  take  my  son  Law- 
rence with  me,  visit  Alfred,  and  offer  Lawrence  to  the  Govern- 
ment for  a  cadetship,  though  not  solicit  his  appointment,  as  I 
was  able  to  educate  my  own  sons.  Being  in  New  York,  I  sent 
to  Geneva  for  Lawrence.  He  came  on  the  morning  of  the  7th 
of  May,  and  in  the  afternoon  we  left  for  Washington,  where 
we  arrived  the  next  day — went  to  the  camp  of  the  Seventh 
Kegiment,  and  found  Alfred  well  and  happy.  I  called  on  Mr. 
Seward,  Secretary  of  State,  who  kindly  arranged  a  call  for  me 
on  the  President  the  next  day.  Taking  Lawrence  with  me  I 
called  at  the  White  House  the  next  day,  the  9th  of  May,  a 
few  minutes  before  1  o'clock  P.M.  Mr.  Lincoln  expected  me, 
and  received  me  kindly.  We  had  just  commenced  conversa- 
tion when  Secretaries  Seward,  Chase,  Cameron,  and  Smith, 
and  the  Attorney  General  Bates  came  in.  Mr.  Lincoln  said  to 
me,  "  Please  excuse  me,  Mr.  Foot,  for  a  few  minutes."  What 
followed  is  an  incident  of  interest  in  the  great  struggle  upon 


AND  COLLATERAL  REMINISCENCES.  347 

which  the  country  was  then  entering.     I  will  give  it  exactly 
as  it  occurred : 

Mr.  Lincoln  said  : — "  Gentlemen,  something  has  occurred 
this  morning,  which  I  am  in  doubt  about,  and  I  have  asked 
you  to  call  and  give  me  your  views.  Senator  Chandler  has 
been  here  this  morning,  and  says,  there  are  five  thousand  men 
in  Michigan  more  than  her  quota,  organized  and  armed  and 
anxious  to  enter  the  public  service  to  put  down  the  rebellion. 
There  are  in  the  other  states  twenty  thousand  more  in  the 
same  condition.  Now  what  shall  we  do  with  these  twenty-five 
thousand  men?  Shall  we  disappoint  them  and  send  them  home, 
or  shall  we  gratify  them  and  take  them  into  service  ?  We 
must  not  forget,  they  are  a  part  of  the  people  on  whom  we  are 
to  rely/'  This  led  to  a  full  discussion  of  the  state  of  the  coun- 
try, the  probable  strength  and  duration  of  the  rebellion,  and 
the  number  of  troops  which  would  be  required  to  subdue  it. 
Among  other  suggestions  which  were  considered,  was  the  issu- 
ing of  another  proclamation  calling  for  twenty-five  thousand 
more  troops.  This  was  not  approved,  as  it  would  look  as  if 
the  Government  were  alarmed,  or  bragging.  Mr.  Chase,  Secre- 
tary of  the  Treasury,  in  addition  to  other  views  which  he 
presented,  remarked,  "  That  there  were  no  funds  provided  for 
the  payment  of  these  troops,  and  Congress  might  hesitate  to 
provide  for  more  than  the  seventy-five  thousand  already  called 
for."  Mr.  Seward,  who  had  taken  no  part  in  the  discussion, 
but  had  sat  listening  attentively  to  it,  finally  said,  "  Suppose 
the  Secretary  of  War  just  quietly  takes  them  into  the  public 
service  without  anything  being  said  about  it.  If  they  are  not 
wanted,  and  the  rebellion  is  put  down  without  them,  Congress 
will  no  doubt  freely  pay  them  ;  and  if  they  are  wanted,  then 
all  will  be  glad  they  are  on  hand."  This  suggestion  was  ap- 
proved and  acted  on,  and  has  never  been  alluded  to,  so  far  as 
I  have  observed,  in  any  public  journal  or  document.  For  my- 
self, I  regarded  it  as  strictly  confidential,  and  never  mentioned 
it  till  several  years  afterwards. 

One  thing  I  noticed  in  this  discussion,  which  gave  me  the 
highest  gratification,  and  that  was,  that  while  Mr.  Lincoln 


348  AUTOBIOGRAPHY 

only  now  and  then  made  a  remark,  the  remarks  he  did  make 
showed  a  reach  of  intellect,  a  comprehension  of  the  condition 
and  wants  of  the  country,  and  a  knowledge,  which  seemed 
intuitive,  of  the  measures  which  true  policy  required,  far 
beyond  those  of  any  member  of  his  cabinet,  who  took  a  part 
in  the  discussion  ;  and  when  I  left  the  White  House  that  day, 
I  felt  a  perfect  assurance,  that  the  country  was  in  safe 
hands. 

Another  incident  also  occurred,  which  raised  Mr.  Lincoln 
in  my  estimation. 

As  soon  as  Mr.  Seward's  suggestion  was  adopted,  several 
of  the  gentlemen  left ;  but  General  Cameron,  the  Secretary  of 
War,  remained.  I  was  acquainted  with  him,  and  thought  it 
a  convenient  and  favorable  opportunity  to  mention  my  object 
in  bringing  Lawrence  to  Washington.  I  did  so.  He  looked 
at  Lawrence,  spoke  to  him,  and  turned  to  Mr.  Lincoln  and 
said,  "Judge  Foot  has  brought  one  of  his  sons  here,  and 
would  like  to  have  him  sent  to  West  Point  in  the  place  of 
some  of  the  rebels  who  have  left  there.  There  he  is  (pointing 
to  Lawrence) — a  bright-looking  chap — suppose  you  give  him 
the  appointment  at  once."  Mr.  Lincoln  thought  for  a  few 
seconds  and  then  said,  "  There  are  a  number  of  pressing  appli- 
cations for  West  Point.  I  have  partly  promised  some  of 
them.  I  must  think  of  this,  but  will  remember  it."  He  then 
called  his  secretary  and  told  him  to  take  Lawrence's  name, 
age,  and  address,  and  place  him  on  the  list  of  candidates  for 
West  Point.  I  afterwards  saw  General  Totten,  the  head  of 
the  Engineer  Corps  and  of  West  Point  under  the  Secretary  of 
War  and  President,  and  found  there  were  a  large  number  of 
applications  for  appointments  of  cadets,  certainly  more  need- 
ing, and  probably  more  deserving,  the  favor  of  the  Government 
than  mine  for  Lawrence.  This  showed  how  thoughtful  and 
just  Mr.  Lincoln  was,  in  the  discharge  of  every  duty. 

The  Second  Minnesota  Kegiment  having  been  ordered  to 
Kentucky,  my  son  John,  as  well  as  myself  and  his  mother, 
was  anxious  about  the  effect  on  his  health  of  the  exposure  of  "a 
winter's  campaign  in  the  humid  and  variable  climate  of  Ken- 


AND  COLLATERAL  REMINISCENCES.  349 

tucky.  At  his  request  I  went  to  Washington  in  November  to 
obtain  his  transfer  from  the  volunteer  to  the  regular  service, 
and  an  order  to  place  him  on  duty  for  the  winter  in  a  more 
favorable  climate.  General  Cameron,  the  Secretary  of  War, 
regarding  my  request  as  reasonable,  was  willing  to  grant  it, 
but  there  was  no  vacancy  in  the  regular  army  above  a  lieuten- 
ancy. This  he  offered  my  son,  but  fearing  John  would  not  be 
willing  to  accept  a  lower  grade  I  declined  it,  and  the  more 
willingly,  because  the  Secretary  kindly  offered  to  give  him  the 
first  vacant  captaincy  which  occurred.  But  as  the  sequel 
will  show,  none  occurred  in  time  to  relieve  him  before  an  im- 
pending battle  rendered  it  impossible  for  him  to  withdraw 
honorably  from  his  regiment. 

I  discharged  a  few  duties  this  year  of  a  public  character. 

Judge  William  Kent,  the  only  son  of  the  distinguished 
jurist,  James  Kent,  died  early  in  January.  A  meeting  of  the 
bar  was  held  at  the  City  Hall,  in  the  city  of  New  York,  on 
the  12th  day  of  that  month,  to  testify  their  sorrow  for  his 
death,  and  their  love  and  respect  for  his  memory.  My  pres- 
ence in  the  city,  and  intimate  relations  with  him  in  life,  being 
known  to  the  members  of  the  bar,  I  was  requested  to  second 
the  adoption  of  the  resolutions  to  be  offered,  and  deliver  an 
address.  I  did  so,  and  wrote  the  address  before  delivering  it. 
It  was  published  with  the  proceedings  of  the  meeting,  and  is 
No.  52  of  "  Papers  Written  by  me." 

Early  in  June,  the  congregation  of  our  church  determined 
to  raise  our  national  flag  over  it.  A  handsome  one  was  pro- 
cured and  a  flag-staff  erected  on  the  roof.  On  the  4th  of  June 
a  large  meeting  assembled  in  the  street  adjoining  the  church, 
to  take  part  in  and  witness  the  transaction.  I  was  appointed 
chairman,  and  on  taking  the  chair  delivered  a  short  address.  It 
was  written,  and  with  the  other  proceedings  of  our  meeting 
published  in  our  village  paper.  It  is  No.  53  of  "  Papers  Written 
by  me,"  and  shows  my  views  and  feelings  on  the  great  conflict 
into  which  the  country  had  been  drawn  by  the  rebellion. 

I  also  presided  at  a  meeting  held  in  this  village  on  the 
evening  of  the  24th  of  August  to  stimulate  efforts  in  favor  of 


350  AUTOBIOGRAPHY 

maintaining  our  national  Union.  The  meeting  was  addressed 
by  Senator  Pomeroy  of  Kansas.  I  made  a  short  extempore 
address  on  taking  the  chair. 

Our  daughters,  Euphemia  and  Mary,  spent  the  year  at 
home,  with  the  exception  of  a  visit  or  two  made  by  each  of 
them  to  our  relatives  in  New  York  and  the  vicinity.  Mary 
also  spent  a  few  weeks  in  August  with  some  young  friends  in 
Litchfield,  Conn.  Lawrence  pursued  his  studies  at  home  till 
September,  when  he  entered  a  classical  school  at  Peekskill. 
Robert  E.  worked  on  the  farm.  Thomas  and  George  were  at 
school  at  South  Williamstown,  Mass.  The  younger  children 
attended  schools  in  Geneva. 

An  extract  or  two  from  my  diary  will  close  the  year  : 

Monday,  July  15th.—"  Last  evening  had  evidence  that  one  of 
my  sons,  Eobert  E.,  was  touched  by  the  Spirit  of  God,  and  about 
to  turn  to  the  Saviour.  0  God,  I  thank  thee  for  this  special 
favor — perfect  the  conversion  of  this  dear  son,  I  entreat  thee." 

Sunday,  December  15th. — "This  is  Mrs.  Foot's  birthday. 
She  is  to-day  fifty-three  years  of  age,  is  in  full  health,  and  the  en- 
joyment and  use  of  all  her  faculties.  I  thank  thee,  0  God,  for  her 
spared  life  and  health,  for  the  precious  gift  of  her  companionship, 
and  the  happy  life  we  have  been  permitted  to  live  together." 

Tuesday,  December  17th. — "  This  is  my  birthday.  I  have 
attained  the  age  of  seventy-one  years.  0  God,  how  good  thou  hast 
been  to  me.  I  can  only  record  my  gratitude  and  thanks." 


1862. 

This  was  a  year  of  bereavement  and  mourning.  My  two 
eldest  sons  died  in  the  service  of  their  country — one  in  the 
army,  in  the  month  of  March,  the  other  in  the  navy,  in  the 
month  of  June. 

Before  giving  an  account  of  their  deaths,  it  seems  proper, 
that  in  a  history  of  myself  and  my  family,  the  positions  which 
these  sons  and  I  held  before  the  public  should  be  stated. 
These  will  most  correctly  appear  by  giving  extracts  from  a 


AND  COLLATERAL  REMINISCENCES.  351 

couple  of  the  public  journals  of  the  day,  similar  notices  of  us 
having  appeared  in  several  others  : 

"  Hon.  S.  A.  Foot,  an  old  and  influential  citizen  of  our  Tillage, 
has  three  sons  in  the  present  war.  One  was  captain  of  a  company 
in  the  late  battle  of  Somerset,  in  Kentucky,  and  had  two  men  in 
his  company  killed,  and  two  wounded.  Another  son  accompanied 
the  Burnside  Expedition,  while  the  third  is  engaged  in  this  village 
in  recruiting  men  for  the  regular  army.  Mr.  Foot  has  given  lib- 
erally of  his  money  in  support  of  the  cause,  and  now  freely  offers 
his  children  on  the  altar  of  his  country." — Geneva  Courier,  "Wed- 
nesday, February  5, 1862. 

"  The  venerable  Judge  S.  A.  Foot,  of  Geneva,  has  three  sons 
in  the  war  battling  for  the  Union.  The  eldest,  John,  is  captain  of 
company  I,  2d  Minnesota,  and  was  in  the  hottest  of  the  fight  near 
Somerset.  The  whole  regiment  was  complimented  by  their  com- 
mander, for  their  gallantry  '  during  the  severe  and  close  engage- 
ment in  which  they  took  part.' 

"  The  second  son,  Samuel  C.,  is  master's  mate  on  board  the 
gunboat  Stars  and  Stripes,  flag-ship  of  the  Second  Naval  Division 
in  the  battle  of  Eoanoke  island.  He  discharged  the  responsible 
duties  of  signal  officer  during  the  fight— a  position  requiring  great 
coolness  and  courage. 

"  The  third  son,  Alfred,  went  out  with  the  famous  7th  Eegi- 
ment,  on  the  opening  of  the  war,  and  was  subsequently  appointed 
first-lieutenant  in  the  14th  regular  infantry.  He  is  fully  imbued 
with  the  patriotic  spirit  of  his  brothers.  It  is  an  honor  to  be 
the  father  of  such  sons." — New  York  Commercial  Advertiser, 
Tuesday  Afternoon,  March  4. 

"  We  mentioned  the  other  day,  soon  after  the  battle  at  Somer- 
set, Ky.,  that  our  fellow-citizen,  the  Hon.  S.  A.  Foot,  besides 
giving  his  money  freely,  had  three  sons  in  the  present  war. 

"  The  oldest,  John  Foot,  is  captain  of  company  I  in  the  3d 
Minnesota  volunteers,  and  was  in  the  hottest  of  the  fight  near 
Somerset.  The  loss  of  the  regiment  in  that  battle  was  twelve 
killed  and  thirty-three  wounded.  Captain  Foofs  company  lost 
two  killed  and  two  wounded,  one  the  second-lieutenant.  Col.  Van 
Cleve,  in  giving  his  report  of  the  battle,  states  that  his  entire  com- 
mand (3d  Minnesota)  did  its  duty  <  during  the  severe  and  close 


352  AUTOBIOGRAPHY 

engagement  in  which  they  took  a  part.'  Col.  McCook,  acting 
brigadier,  in  his  report  states  that  the  3d  Minnesota  were  within 
ten  feet  of  the  enemy,  and  at  first  the  contest  was  '  almost  hand  to 

hand the  enemy  and  the  3d  Minnesota  were  poking  their  guns 

through  the  same  fence  at  each  other.'  There  are  very  few  in- 
stances on  record  in  which  officers  and  soldiers  have  shown  an  equal 
amount  of  bravery.  The  rebels  could  not  stand  before  it.  Since 
this  battle  and  the  victory  won,  Captain  Foot  has  been  ordered  to 
Minnesota  to  recruit  for  his  regiment,  which  has  been  reduced  by 
sickness  and  loss  in  battle. 

"  Judge  Foot's  second  son,  Samuel  C.  Foot,  holds  the  position 
of  master's  mate  on  board  the  gunboat  Stars  and  Stripes,  com- 
manded by  Captain  Reed  Werden.  This  vessel  lias  been  the  flag- 
ship at  Hatteras  Inlet  for  some  months  past.  On  the  arrival  of 
Gen.  Burnside's  Expedition,  it  was  attached  to  it,  and  was  the  flag- 
ship of  the  Second  Naval  Division  in  the  late  battle  at  Roanoke 
Island.  Mr.  S.  C.  Foot  was  entrusted  with  the  responsible  position 
of  signal  officer  during  the  late  battle.  This  speaks  well  for  him. 
To  do  the  duties  of  that  station  requires  a  cool  and  clear  head. 
The  officer  filling  it  must  have  his  thoughts  about  him  and  his 
nerves  steady.  He  must  carefully  watch  for  the  signals  made, 
report  them  to  the  captain,  return  the  answer,  and  make  the  sig- 
nals as  directed.  As  we  understand  the  matter,  no  position  on 
the  ship  is  more  exposed,  or  requires  a  higher  degree  of  courage. 

"The  Stars  and  Stripes  did  good  service  in  the  late  battle. 
The  correspondent  of  the  New  York  Commercial  Advertiser  gives 
the  following  account  of  the  part  this  vessel  performed : 

" '  The  Stars  and  Stripes  was  engaged  six  hours,  and  came  as 
near  the  battery  as  her  draft  would  permit.  She  once  ventured 
too  close  and  grounded,  but  succeeded  in  steaming  off.  At  one 
period  of  the  engagement  she  was  situated  between  the  gunboats 
of  the  enemy  and  the  battery,  and  her  entire  armament  was 
actively  engaged.  From  her  gun-deck  she  threw  8-inch  shells  from 
two  64-pounder  guns  on  each  side,  while  her  20-pounder  Parrot 
gun  and  two  rifled  howitzers  on  the  upper  deck  poured  in  their 
fire.  A  shot  cut  one  of  the  stays  and  another  passed  between  her 
masts.  While  the  Stars  and  Stripes  was  aground  for  two  hours, 
she  kept  up  a  constant  fire,  and  received  the  fire  of  the  battery. 


AND  COLLATERAL  REMINISCENCES.  353 

Her  officers  behaved  in  the  most  cool  and  courageous  manner, 
proving  themselves  worthy  the  cause  they  defended.' 

"  The  Judge's  third  son,  Alfred  Foot,  left  his  position  in  the 
store  of  Wilson  G.  Hunt,  Esq.,  in  the  city  of  New  York,  in  April 
last,  and  joined  the  famous  7th  Regiment  of  that  city  the  day  be- 
fore it  started  for  Washington  to  protect  the  Capitol.  He  took  a 
part  in  the  arduous  labors  performed  by  that  regiment  on  its  way 
to  Washington.  Not  satisfied  with  the  short  service  of  six  weeks 
performed  by  that  regiment  in  quelling  the  rebellion,  he  applied 
for  an  appointment  in  the  regular  army,  and  was  appointed  a  first- 
lieutenant  in  the  14th  Kegiment  of  Infantry  in  June  last  He  has 
been  and  still  is  engaged  in  recruiting  for  that  regiment,  and  has 
been  very  successful.  The  regiment  has  now  over  twelve  hundred 
men,  and  Lieut.  Foot  soon  expects  to  be  called  into  active  service. 
If  he  is  not  summoned  to  the  field  soon,  he  will  have  no  chance 
to  do  the  effective  work  which  his  older  brothers  have. 

"  We  confess  to  no  small  degree  of  pride  in  numbering  among 
our  villagers  the  Judge  and  his  sons." — Geneva  Courier,  Wednes- 
day, February  19,  1862. 

The  Second  Kegiment  of  Minnesota  volunteers  formed  a 
part  of  the  army  operating  in  Kentucky,  during  the  winter  of 
1861-2.  The  battle  of  Mill  Spring  was  fought  on  the  19th 
day  of  January,  1862.  The  Second  Minnesota,  as  already 
mentioned,  took  an  active  and  conspicuous  part  in  that  battle. 
This  regiment  was  ordered  into  action  early  in  the  morning 
before  taking  breakfast,  and  was  without  food  all  day.  After 
the  battle  the  Union  army  pursued  the  retreating  rebels  several 
miles,  and  until  they  reached  their  intrenched  camp.  The 
Second  Minnesota  lay  on  their  arms  before  it  all  night  in  a 
heavy,  cold  rain.  Finding  the  next  morning  that  the  rebels 
had  abandoned  their  intrenchments,  the  regiment  returned  to 
their  camp  which  they  had  left  the  morning  before. 

John  wrote  a  letter  to  his  mother  on  the  21st  of  January 

giving  an  outline  of  the  battle,  and  concluded  by  saying,  "  I 

am  pretty  well  worn  out  with  the  excitement  and  the  march." 

The  sequel  showed,  that  the  exposure  and  fatigue  of  the  win- 

23 


354  AUTOBIOGRAPHY 

ter  campaign  in  the  humid  and  variable  climate  of  Kentucky, 
with  the  excitement  and  fatigue  of  the  battle,  and  the  expo- 
sure in  the  rain  the  night  after  it,  had  entirely  prostrated  his 
health.  He  reached  home  on  the  1st  day  of  March,  and  died 
on  the  13th  day  of  that  month. 

His  life,  death,  and  character  rendered  him  in  my  judg- 
ment a  suitable  subject  for  a  memorial  I  prepared  one, 
which  contains  a  full  account  of  his  education,  life,  death  and 
burial. 

It  is  No.  54  of  "  Papers  Written  by  me." 

Samuel  C.  remained  on  board  the  gunboat  Stars  and 
Stripes  after  the  battle  at  Roanoke  Island.  This  vessel  was 
present  and  assisted  at  the  taking  of  Newbern,  N.  C.,  on  the 
14th  of  March.  Samuel  C.  discharged  the  same  duty  on  that 
occasion,  that  he  did  at  the  battle  of  Roanoke  Island,  and  a 
few  days  afterward  was  ordered  to  the  gunboat  Whitehead  as 
executive  officer — a  promotion  earned  by  his  good  conduct  on 
the  Stars  and  Stripes. 

The  Whitehead  was  sent  to  Elizabeth  City,  N.  C.,  and 
kept  on  duty  there.  Early  in  May,  Samuel  C.  was  taken  very 
ill  with  a  typhoid  fever,  and  removed  to  the  naval  hospital  at 
Newbern,  N.  C.  We  heard  of  his  illness  on  Sunday,  the 
18th  day  of  May.  On  Wednesday,  the  21st  of  May,  Euphe- 
mia  and  Alfred  left  New  York  for  Newbern  by  the  way  of 
Baltimore  and  Hampton  Roads,  with  letters  from  me  to 
General  John  A.  Dix,  who  commanded  at  Baltimore,  and 
General  John  E.  Wool,  who  commanded  at  Fortress  Monroe, 
both  my  friends,  asking  them  to  aid  my  son  and  daughter  in 
reaching  their  sick  brother  at  Newbern  ;  also  with  an  order 
from  Secretary  Wells  of  the  Navy  to  the  flag  officer  at  Hamp- 
ton Roads  to  forward  them  to  Newbern  by  the  first  op- 
portunity. 

Fearing  Alfred  and  Euphemia  might  meet  with  detention 
on  their  route,  which  they  unfortunately  did,  and  having  an 
opportunity  on  the  23d  of  May  to  go  with  Governor  Stanley, 
.an  acquaintance  and  friend,  direct  from  New  York  to  New- 


AND  COLLATERAL  REMINISCENCES.  355 

bera  on  a  Government  steamer,  I  availed  of  the  opportunity, 
and  reached  Newbern  on  the  evening  of  the  26th  of  May. 
Found  my  son  very  ill  with  a  raging  fever,  and  in  an  indif- 
ferent naval  hospital.  Removed  him  the  next  day  to  a  private 
residence,  where  he  had  good  nursing  and  suitable  food.  The 
surgeon  in  charge  of  the  hospital,  and  also  the  surgeon  of  the 
squadron  then  lying  at  Newbern,  were  both  attentive  and 
kind.  Samuel  C.  had  from  them  the  best  remedies  and  medi- 
cal advice.  He  improved  rapidly.  The  fever  subsided  in  two 
or  three  days  after  his  removal. 

An  opportunity  offering  for  a  passage  direct  from  Newbern 
to  New  York  on  Saturday  the  31st  of  May,  the  surgeons  con- 
sented to  my  taking  my  son  home,  and  we  left  in  the  after- 
noon of  that  day  for  New  York,  where  we  arrived  on  Tuesday 
afternoon  the  3d  of  June,  just  in  time  to  reach  Millburn  at 
the  close  of  the  day,  where  your  mother  was  waiting  at  your 
aunt  Eliza's  to  receive  us. 

I  remained  there  a  few  days,  going  each  day,  however,  to 
the  city  to  attend  to  business. 

Samuel  C.  though  still  very  ill,  continued  to  improve  in 
health,  and  was  so  much  better,  that  on  Monday  the  9th  of 
June,  I  concluded  to  come  home,  where  my  presence  was 
needed  after  so  long  an  absence. 

In  the  evening  of  the  day  I  left  for  home,  Samuel  C.  had  a 
relapse,  and  on  the  day  after  my  arrival  I  received  a  telegram 
that  he  was  failing  fast  and  requesting  my  immediate  return. 
I  reached  Millburn  on  Thursday  the  12th  of  June,  just  in 
time  to  see  my  son  draw  his  last  breaths. 

I  find  among  the  family  correspondence  of  this  year,  an 
account  in  his  mother's  handwriting  of  the  two  last  days  of  his 
life.  I  insert  it,  as  it  illustrates  one  phase  of  his  character. 
For  while  he  was  cool,  and  brave  to  a  fault  in  times  of  peril, 
he  was  sensitive,  gentle,  and  affectionate  in  all  his  social  rela- 
tions. 

The  following  is  the  account,  and  in  the  very  words  of  his 
mother : 


356  AUTOBIOGRAPHY 

"  He  joined  with  his  mother  in  singing  the  following  hymns 
with  his  dying  breath,  and  when  he  could  no  longer  speak  the 
words,  his  voice  still  kept  the  air : 

" 'There  is  a  fountain  filled  with  blood—' 

" '  What  is  life  ?    It's  but  a  vapor—' 

"  '  Rock  of  ages,  cleft  for  me — ' 

When  asked  if  he  loved  the  Saviour,  he  replied, '  Yes,  I  do  love  the 
Lord  Jesus  Christ  with  all  my  heart,  and  though  I  have  been  a 
great  sinner,  I  feel  sure  he  has  forgiven  all  my  sins.'  He  said  he 
loved  Christ's  Sermon  on  the  Mount,  and  asked  to  have  it  read  to 
him  repeatedly.  On  being  told  he  would  soon  be  in  heaven,  he 
said,  '  Yes,  and  I  will  see  John  there.'  During  the  last  two  days 
of  his  life,  he  constantly  repeated  this  prayer, '  God  be  merciful  to 
me  a  sinner,  for  Jesus  Christ's  sake.'  A  short  time  before  his 
death,  he  put  his  arms  around  mother's  neck,  kissed  her  repeat- 
edly, and  said,  '  Oh,  dear  mother,  no  tongue  can  tell  the  love  I 
have  for  you !  May  God  bless  you,  my  dear,  dear  mother,  for  ever 
and  ever — Amen.'  The  morning  of  his  death  he  asked  Aunt 
Euphemia  to  read  to  him,  and  on  her  taking  up  a  small  Testa- 
ment, he  said, '  No,  no,  take  mother's  Bible.'  Some  fifteen  minutes 
before  his  death,  he  felt  his  own  pulse,  to  see  if  it  was  still  there, 
he  said.  He  mentioned  all  his  brothers  and  sisters ;  and  told 
mother  she  must  take  care  of  his  dog  Jack,  for  his  sake.  He  was 
so  grateful  for  the  slightest  favors,  and  thanked  his  Uncle  Law- 
rence and  Aunt  Euphemia  for  all  their  kindness  to  him." 

Mrs.  Foot,  myself,  and  our  daughter  Euphemia  left  Mill- 
burn  with  the  remains  of  this  dear  son  the  day  after  his  death, 
and  reached  home  the  next  day.  His  funeral  took  place  the 
next  day,  Sunday,  the  15th  day  of  June,  which  was  his  birth- 
day. 

An  account  of  his  death,  the  funeral  services,  and  of  some 
incidents  of  his  life,  was  published  in  our  village  paper. 
Though  not  written  by  me,  the  proper  place  for  it  in  this  his- 
tory of  myself  and  family  would  seem  to  be  next  to  the 
memorial  I  prepared  of  his  brother.  It  will  be  found  as  No. 


AND  COLLATERAL  REMINISCENCES.  357 

55  among  those  papers.  His  death  and  character  were  also 
favorably  noticed  in  several  other  public  journals.0 

The  sickness  and  death  of  these  sons  brought  deep  sorrow 
upon  me,  their  mother,  brothers  and  sisters.  Their  removal 
from  our  family  circle  occupied  many  of  my  thoughts,  and 
with  the  correspondence  arising  from  it,  and  preparing  the 
memorial  of  John,  took  a  considerable  portion  of  my  time.  My 
profession,  however,  this  year,  as  in  previous  years,  required 
and  consumed  the  principal  part  of  my  time.  It  obliged  me 
to  make  five  journeys  to  the  city,  and  occupied  me  there  nearly 
three  months  in  all.  It  took  me  once  to  Albany  to  argue  a 
case  in  the  Court  of  Appeals — twice  to  Rochester,  to  argue 
cases  in  the  Supreme  Court,  and  upwards  of  twenty  times  to 
Canandaigua,  where  I  passed  that  number  of  days  in  conduct- 
ing an  important  investigation  for  the  American  Bible  Society 
respecting  the  validity  of  a  will,  which  gave  over  fifty  thou- 
sand dollars  to  that  and  other  kindred  institutions. 

My  time  at  Geneva  this  year  was  passed  as  in  the  few  pre- 
vious years,  with  only  this  difference — my  correspondence  this 
year  was  more  active  and  extensive,  and  my  thoughts  more 
•engrossed  by  the  condition  of  the  country  and  the  fearful  con- 
flict in  which  we  were  engaged. 

I  had  only  two  brief  cessations  from  business  and  duties  at 
home. 

My  sister  Mrs.  York  being  seriously  ill  in  the  forepart  of 

*  Died  June  12th,  at  Millburn,  N.  J.,  Samuel  C.  Foot,  master's  mate, 
U.  S.  N.,  aged  24,  second  son  of  Hon.  Samuel  A.  Foot,  of  Geneva,  N.  Y. 
The  deceased  received  a  naval  education,  and  served  with  distinction 
as  signal  officer  on  the  gunboat  Stars  and  Stripes  in  the  battles  of  Roan- 
oke  and  Newbern.  While  acting  executive  officer  of  the  steamer 
Whitehead,  at  Elizabeth  City,  N.  C.,  he  was  attacked  by  typhoid  fever, 
from  which  he  convalesced  sufficiently  to  leave  the  hospital  and  accom- 
pany his  father  from  Newbern  to  New  York,  but  died,  unable  to  continue 
his  journey  to  the  home  where  his  gallant  brother,  Captain  John  Foot, 
of  the  Second  Minnesota  Regiment,  breathed  his  last  a  few  weeks  pre- 
viously The  deceased  was  brave,  generous,  kind-hearted,  and  beloved 
by  all  who  knew  tem.-N.  Y.  Evening  Post,  Friday  Evening,  June 
13,  1862. 


358  AUTOBIOGKAPHY 

July,  your  mother,  Mary  and  I  went  to  Ogdensburgh,  and  staid 
there  and  in  the  vicinity  eight  or  ten  days — and  early  in  Sep- 
tember your  mother  and  I  went  to  Avon,  and  spent  three  days 
with  your  uncle  and  aunt  Clark,  who  passed  the  warm  season 
there. 

Our  two  eldest  daughters  were  at  home  this  year,  with 
occasional  absences  already  mentioned,  and  short  visits  to  rela- 
tives and  friends.  Alfred  continued  in  the  army,  and  in 
December  was  allowed,  at  his  earnest  request,  to  join  his  regi- 
ment for  active  service  in  the  field.  Lawrence  entered 
Columbia  College  early  in  October.  Kobert  E.  and  Thomas 
were  at  school  in  Peekskill,  George  at  South  Williamstown, 
and  the  younger  children  in  Geneva. 

I  was  able  to  do  but  little  this  year  to  promote  the  public 
good. 

A  leisure  hour,  one  evening,  while  in  the  city  near  the  end 
of  February,  was  occupied  in  thinking,  what  could  be  done 
for,  and  with,  the  liberated  slaves.  I  put  my  thoughts  on 
paper  and  sent  them  to  "  The  Commercial  Advertiser."  They 
were  published  on  the  1st  of  March.  This  paper  is  No.  56  of 
"  Papers  Written  by  me." 

In  July  we  determined  in  this  village  and  the  vicinity  to 
raise  a  regiment  of  volunteers,  and  designated  one  of  our  most 
valued  citizens  as  the  colonel.  A  question  arose  as  to  the 
location  of  the  camp.  The  race-course,  not  far  from  my  resi- 
dence, was  proposed.  This  appeared  to  me  to  be  a  very  unsuit- 
able location.  I  wrote  and  had  printed  a  circular  containing 
the  objections  to  the  race-course,  and  caused  it  to  be  dis- 
tributed. It  is  one  of  the  occurrences  of  the  times,  and  shows 
how  deeply  every  one  was  interested  in  every  part  of  the  great 
work  of  subduing  the  rebellion.  It  is  No.  57  of  "Papers 
Written  by  me." 

As  the  President's  promised  proclamation  on  the  1st  of 
January,  1863,  liberating  the  slaves  in  the  rebel  states,  was 
expected,  the  measure  occupied  the  public  mind — its  effect  was 
extensively  canvassed,  and  many  people  in  this  section  of  the 
state  expressed  an  apprehension  of  being  overrun  by  the  blacks 


AND  COLLATERAL  REMINISCENCES.  359 

of  the  South.  To  quiet  this  apprehension,  I  wrote  an  article 
for  our  village  paper,  which  was  published  on  the  29th  of 
October.  It  is  No.  58  of  "  Papers  Written  by  me." 

Towards  the  close  of  this  year,  some  earnest  Union  men 
feared  that  the  President  might  not  issue  the  promised  proc- 
lamation of  freedom  on  the  1st  of  January.  I  did  not  share 
in  this  fear,  yet  thought  it  would  do  no  harm,  and  might  per- 
haps do  good,  to  write  to  the  President.  I  did  so.  A  copy 
of  this  letter  is  No.  59  of  "  Papers  Written  by  me." 

"  The  Geneva  Literary  and  Scientific  Association  "  met  at 
my  house  on  the  30th  of  December,  on  which  occasion  I  read 
an  essay  on  "  citizenship  "  in  this  country,  which  I  took  con- 
siderable pains  to  prepare,  and  in  which  I  reviewed  an  opinion 
of  Attorney  General  Bates,  given  and  published  a  few  weeks 
previously,  on  the  question,  "  What  Constitutes  Citizenship," 
and  on  "  The  Rights  of  Citizens."  My  essay  was  not  written 
out  in  full,  and  outlines  of  it  only  have  been  preserved.  The 
late  amendments  of  the  Constitution  of  the  United  States 
have  settled  all  questions  of  this  kind,  and  previous  discussions 
of  the  subject  are  now  of  little  or  no  value. 

A  few  extracts  from  my  diary  will  close  the  account  of  this 
year  of  bereavement  and  sorrow  : 

Thursday,  March  13th.  The  day  of  John's  death  and  a  few 
hours  after  it  occurred. — "  His  death  is  a  great  loss.  He  was  all 
parents  could  reasonably  desire  in  a  son.  He  was  well  educated, 
a  correct  and  ready  writer,  a  promising  lawyer,  a  dutiful  and 
affectionate  son.  0  God,  we  know  that  thou  art  just,  holy,  benevo- 
lent, merciful,  and  kind.  Thou  gavest  and  thou  canst  take  away. 
Thou  dost  not  afflict  except  for  wise  and  beneficent  ends.  Help 
me  to  say  in  the  true  spirit  of  submission  'Thy  will  be  done; 
blessed  be  thy  name.'  0  Heavenly  Father,  dear  Redeemer,  take 
the  spirit  of  this  dear  son  to  thy  bosom  in  heaven,  and  let  him 
enjoy  thy  presence  forever.  May  this  dispensation  of  thy  Provi- 
dence be  sanctified  to  me  and  mine.  I  ask  it  for  Christ's  sake."^ 

Saturday,  June  14th.  After  reaching  home  with  the  remains 
of  Samuel  C. — "  0  God,  sanctify  this  dispensation  of  thy  Provi- 
dence to  me  and  mine,  and  let  the  deaths  of  my  two  eldest  sons 


360  AUTOBIOGRAPHY 

raise  me  from  the  world  and  prepare  me  for  heaven ;  and  0  God, 
let  these  heavy  sacrifices  not  be  in  vain — may  this  dire  rebellion 
be  suppressed,  and  this  dreadful  sin  of  slavery  be  swept  from  our 
beloved  country." 

Thursday,  November  27th. — "  This  day  has  been  set  apart  for 
public  thanks  to  our  Heavenly  Father  for  his  merciful  dealings 
with  us  during  the  past  year.  Although  thou  hast  laid  thy  hand, 
gracious  God,  heavily  upon  us  during  the  year,  yet  thy  judgments 
have  been  mingled  with  many  mercies,  for  which  I  desire  to  record 
my  sincere  thanks." 

Wednesday,  December  31st. — «  Thus  another  year  of  my  life 
has  been  spent  0  God,  forgive  my  shortcomings  in  duty.  I  ask 
it  for  Christ's  sake.  Help  me  to  pass  the  next  year  better  than 
the  last.  Spare  me  and  mine,  if  consistent  with  thy  holy  will,  and 
lift  thy  chastising  hand  from  my  beloved  country,  and  give  us 
freedom  and  peace.  Set  the  bondman  free,  and  make  us  a  united 
people." 

1863. 

This  year  was  one  of  deep  interest  to  the  country,  and 
especially  to  me.  The  Government  was  making  the  most 
strenuous  efforts  to  suppress  the  rebellion.  The  contest  had 
laid  two  of  my  sons  in  the  grave,  the  third  one  was  in  active 
service,  and  the  fourth  one  entered  it,  and  performed  a  short 
term  of  severe  and  perilous  duty. 

A  few  quotations  from  the  correspondence  of  Mrs.  Foot 
and  myself  will  show  my  feelings  and  views  at  that  time  on 
that  momentous  contest.  I  was  in  the  city  the  greater  part  of 
the  month  of  May.  Expecting  some  money  out  on  bond  and 
mortgage  would  be  paid  in  early  in  that  month,  Mrs.  Foot 
and  I  had  some  conversation  before  I  left  home  respecting  the 
manner  of  re-investing  it.  In  a  letter  to  her  of  the  5th  of 
May,  I  say — 

"  Mr.  C.  paid  the  mortgage  yesterday,  and  to-day  I  have  loaned 
'TJncle  Sam'  seven  thousand  dollars  for  twenty  years,  at  six  per 
cent,  interest,  payable  semi-annually,  with  liberty  to  pay  it  off  in 
specie  in  five  years.  My  thought  was  this — All  I  am  and  have 


AND  COLLATERAL  REMINISCENCES.  361 

came  from  and  under  his  just  and  good  government,  and  he  is 
now  entitled  to  have  all  I  have  and  am — my  life,  the  lives  of  our 
sons,  and  all  my  property,  if  he  wants  it.  If  he  can  never  pay  it 
back  to  me,  he  is  welcome  to  it.  But  I  have  no  doubt  he  will  pay 
the  interest  punctually  in  specie,  and  the  principal  when  it  is 
due."  On  the  7th  of  May,  Mrs.  Foot  wrote  in  answer  to  this  thus : 
"  I  don't  feel  quite  as  liberally  disposed  as  you  do  towards  '  Uncle 
Sam.'  He  has  done  no  more  than  his  duty,  and  we  have  done 
ours ;  so,  while  we  share  the  loaf,  and  perhaps  give  him  the  largest 
share,  I  would  not  give  him  all.  It  may  be  want  of  patriotism, 
but  those  uneducated  little  children  are  first  in  my  thoughts" 
I  replied  on  the  9th  of  May  in  the  following  words :  "  I  thought 
of  the  uneducated  little  ones,  when  I  gave  the  money  to  '  Uncle 
Sam.'  My  duty  to  them  is  ever  before  me.  But  what  is  educa- 
tion good  for,  if '  Uncle  Sam '  is  destroyed.  When  he  dies,  I  want 
to  be  buried  myself,  and  all  I  love  with  me." 

The  practice  of  my  profession  this  year,  as  in  previous 
years,  was  my  principal  occupation.  My  engagements  in  the 
city,  however,  kept  me  there  this  year  only  a  couple  of  months. 
I  went  three  times  to  Albany  to  argue  cases  in  the  Court  of 
Appeals — once  to  Rochester  to  argue  a  cause  in  the  Supremo 
Court — and  thirteen  times  to  Canandaigua,  where  I  passed  as 
many  days  in  continuing  and  completing  the  investigation 
mentioned  in  my  account  of  last  year,  and  which  was  brought, 
in  October,  to  a  successful  conclusion  for  my  clients,  the  will 
in  question  being  fully  sustained. 

A  case  was  pending  and  to  be  argued  at  the  June  term  of 
the  Court  of  Appeals,  involving  the  constitutionality  of  the 
act  of  Congress  authorizing  the  issue  of  the  Legal  Tender 
Treasury  Notes.  The  Government  wa,s  so  deeply  interested 
in  this  question,  that  although  not  a  party  .on  the  record,  the 
Secretary  of  the  Treasury  deemed  it  proper  to  employ  counsel, 
to  sustain  the  validity  of  these  notes.  Mr.  D.  D.  Field,  of 
New  York,  was  first,  and  I  afterwards,  retained  on  behalf  of 
the  Government.  As  other  counsel  were  employed  by  the 
parties  to  the  action,  and  would  deliver  oral  arguments,  the 
court  suggested  that  the  counsel  for  the  Government  should 


362  AUTOBIOGRAPHY 

print  their  arguments  and  hand  copies  to  the  Judges.  This 
was  done.  My  argument  was  merely  a  supplement  to  Mr. 
Field's,  and  so  intended.  I  gave  his  and  my  own,  however, 
additional  weight,  by  appending  to  mine,  the  opinions  of  sev- 
eral of  our  most  prominent  bankers  and  financiers,  of  the 
absolute  necessity  of  such  a  currency  to  carry  on  the  war. 

My  argument  is  No.  60  of  "  Papers  Written  by  me." 

A  serious  error  prevailed  in  regard  to  the  power  of  the 
Government  under  the  Constitution  to  confiscate  the  real 
estate  of  rebels.  Professor  Wilson  of  this  village  and  I,  early 
in  March,  began  an  examination  of  the  subject,  he  performing 
the  main  labor,  and  I  assisting  him.  The  result  of  our 
examination  was  presented  in  the  form  of  two  letters — one, 
and  the  principal  one,  written  by  the  Professor  and  addressed 
to  me — and  the  other,  written  by  me  and  addressed  to  the 
Professor.  I  took  them  to  Albany  early  in  April,  and  had 
them  printed  in  pamphlet  form.  They  were  extensively  circu- 
lated by  sale  and  otherwise,  and  attracted  a  large  share  of 
public  attention.  The  first  impression  was  soon  exhausted, 
and  a  second  one  called  for.  In  the  meantime  I  had  pursued 
the  investigation  of  the  subject,  and  with  the  Professor's  aid 
had  prepared  some  Addenda.  These  were  printed  with  the 
second  impression.  The  pamphlet  reached,  in  greater  or  less 
number,  all  the  loyal  states,  and  corrected  the  error,  as  is  be- 
lieved, which  prevailed  on  the  subject. 

It  will  be  found  among  ."  Papers  Written  by  me "  as 
No.  61,  together  with  notices  of  it  by  some  of  the  public 
journals. 

Beside  my  letter  in  this  pamphlet  and  a  pretty  active  cor- 
respondence, I  wrote  nothing  this  year,  to  aid  in  the  great  con- 
flict in  which  the  country  was  engaged.  I  presided  at  two 
Union  meetings,  held  in  this  village  to  promote  the  objects  of 
the  war — one  on  the  19th  and  the  other  on  the  24th  of  Octo- 
ber, and  on  each  occasion  made  a  short  address  on  taking  the 
chair. 

My  time,  while  at  Geneva,  was  occupied  this  year  in  nearly 
the  same  way  it  had  been  in  the  preceding  years.  If  there 


AND  COLLATERAL  REMINISCENCES.  363 

was  any  difference,  it  consisted  in  devoting,  this  year,  more 
time  to  professional  business,  studies,  and  investigations. 

Independent  of  absences  to  meet  professional  engagements, 
I  was  from  home  only  twice  during  the  year.  One  of  these 
occasions  was  a  visit,  early  in  June,  to  Washington,  and  to 
Alfred  at  Falmouth,  Va.  The  object  of  my  visit  to  Wash- 
ington was  twofold — one,  to  have  an  interview  with  the  Presi- 
dent and  other  prominent  gentlemen,  to  carry  out  the  views 
presented  in  the  pamphlet  of  Professor  Wilson  and  myself — 
and  the  other  to  ask  that  Alfred  be  placed  on  detached  duty, 
supposing  him  not  to  be  well,  which,  however,  was  a  mistake, 
and  I  did  not  make  the  request. 

After  an  interview  with  the  President,  several  members  of 
the  cabinet,  and  other  gentlemen  holding  high  official  posi- 
tions, respecting  the  confiscation  of  the  real  estate  of  the 
rebels,  I  asked  Mr.  Stanton,  the  Secretary  of  War,  for  a  per- 
mit to  pass  the  lines  of  the  army  and  visit  my  son  at 
Falmouth,  Va.  This  he  promptly  granted,  and,  unasked, 
added  a  kind  letter  of  introduction  to  General  Hooker,  who 
then  commanded  the  Army  of  the  Potomac. 

I  left  Washington  for  Falmouth  on  Friday  morning  the 
5th  of  June  on  a  Government  steamer,  which  took  me  to  the 
mouth  of  Acquia  creek.  From  there  I  went  by  railway  to 
within  a  few  miles  of  Falmouth.  There  I  learned  that  Gen- 
eral Sykes'  division  of  regulars,  in  which  Alfred  was,  had  the 
day  before  moved  nine  miles  up  the  Bappahannock  to  Banks' 
Ford.  There  was  no  sort  of  a  conveyance  to  that  place  to  be 
had,  nor  anything  moving  in  that  direction,  except  four-horse 
supply- wagons,  and  they  loaded  so  full,  that,  it  was  said,  there 
was  not  room  enough  in  one  of  them  for  a  cat.  So  two  officers, 
belonging  and  bound  to  the  same  division,  and  I,  put  our 
satchels  in  the  wagons,  and  started  on  foot.  After  walking 
about  two  miles,  the  heat  and  the  dust  drove  me  to  an  effort 
to  get  a  ride  in  one  of  the  wagons.  In  this  I  succeeded,  and 
reached  the  supply  station  of  the  division  about  sundown.  I 
was  then  several  miles  from  Alfred's  regiment,  and  to^t  there 
was  no  road  nor  track,  except  through  fields  and  forests. 


364  AUTOBIOGRAPHY 

Hiring  a  soldier  to  guide  me  and  carry  my  satchel,  I  started 
on  foot.  In  about  forty  rods  we  passed  General  Sykes'  tent. 
I  called  to  pay  my  respects  to  the  General — was  kindly  re- 
ceived and  furnished  with  a  horse  and  sergeant  to  carry  and 
accompany  me  to  Alfred's  tent.  On  reaching  it,  I  found  he 
was  a  mile  off  on  picket  duty  for  the  night — went  to  him, 
found  him  in  robust  health,  and  spent  the  evening  with  him. 
The  rebels  were  in  plain  sight  on  the  other  side  of  the  river. 
Although  the  headquarters  of  the  army  were  thirteen  miles 
from  Banks'  Ford,  I  concluded  to  call  on  General  Hooker. 
One  of  Alfred's  fellow  officers  loaned  me  a  horse,  and  I  rode 
the  next  day  thirteen  miles  through  and  among  the  encamp- 
ments of  an  army  of  one  hundred  thousand  men.  This  was  to 
me  a  new  and  great  sight.  General  Hooker  received  me  most 
courteously  and  kindly.  On  his  invitation  I  staid  to  dinner. 
Our  views  so  entirely  accorded,  that  we  soon  became  warm 
friends.  I  spent  a  charming  day  with  him.  He  produced  his 
order  book,  and  showed  me  how  it  happened  that  the  army 
received  a  check  at  Chancellors ville.  After  listening  to  his 
statement,  from  which  it  appeared,  that  the  check  arose  from 
inattention  to  his  orders,  I  answered  in  nearly  and  almost  ex- 
actly the  following  words  :  "  Dear  General,  the  great  Com- 
mander-in-Chief  above,  who  orders  all  things  on  earth  and  in 
heaven,  does  not  intend  that  this  rebellion  shall  be  suppressed 
without  the  aid  of  colored  soldiers.  Since  the  President's 
proclamation,  there  is  only  one  thing  more  needed  to  render 
slavery  hereafter  in  this  country  impossible,  and  that  is,  to 
teach  two  or  three  hundred  thousand  of  our  colored  men  the 
use  of  arms.  If  you,  with  your  white  soldiers,  had  conquered 
Lee,  the  opposition  to  enlisting  colored  men  would  have  pre- 
vailed. Now  all  agree,  we  must  call  two  or  three  hundred 
thousand  of  them  to  our  aid.  When  that  is  done,  and  they 
are  taught  the  use  of  arms,  the  abolition  of  slavery  will  be 
effectually  accomplished,  divine  justice  will  be  satisfied,  and 
a  merciful  God,  who  has  used  this  rebellion  to  effect  this  holy 
purpose,  will  allow  us  to  conquer  the  rebels  and  end  the  war." 


AND  COLLATERAL  REMINISCENCES.  365 

A  pleasant  ride  at  twilight  to  Alfred's  tent  closed  an  interest- 
ing day. 

I  passed  the  next  day  (Sabbath)  with  Alfred  most  hap- 
pily, and  returned  to  Washington  on  Monday.  A  military 
friend  invited  me  to  join  a  party,  who  were  going  the  next 
day  (Tuesday)  on  a  Government  steamer  to  Mount  Vernon. 
I  gladly  accepted  the  invitation,  as  I  had  never  visited  that 
sacred  spot,  having  never  been  willing  to  go  there  while  it 
remained  in  a  neglected  and  dilapidated  state.  It  was  then 
(1863)  owned  by  the  Ladies'  Association,  and  in  fair  repair. 
The  party,  whom  I  met  on  the  steamer,  consisted  of  agreeable 
ladies  and  gentlemen,  and  I  passed  a  delightful  day — walked 
alone  on  the  grounds — stood  by  Washington's  tomb — recalled 
the  history  of  his  life — gave  in  my  heart,  and  being  alone, 
expressed  in  words,  profound  and  devout  thanks  to  God,  for 
giving  the  nation  such  a  man  at  such  a  time,  and  felt  and 
expressed  my  gratitude  for  the  blessings  I  had  enjoyed  under 
the  Government  he  had  been  so  instrumental  in  establishing. 
I  purchased  a  rough  stick  from  a  tree  which  had  grown  on 
the  place,  had  it  afterwards  made  into  a  cane,  which  I  now 
(1871)  use,  and  intend  to  use  as  long  as  life  lasts. 

This  trip  took  only  eleven  days  of  my  time,  and  was  full 
of  interest  from  first  to  last.  My  children  will  find  in  my 
diary  a  full  account  of  it,  and  of  the  persons  I  met  and 
visited. 

The  other  occasion  of  my  absence  from  home  not  on  busi- 
ness, was  a  visit  of  a  few  days  which  Mrs.  Foot  and  I  made 
near  the  close  of  September  to  our  brother  and  sister,  Mr.  and 
Mrs.  D.  L.  Clarke,  at  Avon  Springs,  where  they  passed  several 
weeks. 

Beside  the  incidents  already  mentioned,  others  occurred  in 
my  family  which  rendered  this  year  one  of  special  interest. 

In  April  and  while  Alfred  was  with  his  regiment  near 
Falmouth,  Va.,  he  met  with  a  deep  and  thorough  change  of 
heart.  A  gracious  God  gave  him  a  new  birth.  His  letter  of 
the  19th  of  April,  announcing  this  change  to  me  and  his 
mother,  and  giving  us  a  brief  account  of  it,  was  charming  and 


366  AUTOBIOGRAPHY 

most  satisfactory.  It  filled  our  hearts  with  holy  joy.  He 
declared  himself  reconciled  to  God  through  his  Redeemer — 
felt  happy  and  was  ready  to  die  for  his  country  if  God  so 
ordered.  He  was  not  able  to  visit  us  till  September.  He 
then  came  home,  and  on  Sunday  the  6th  of  that  month  united 
with  our  church.  As  this  son  afterwards  gave  his  life  to  his 
country,  as  will  appear  hereafter  in  this  family  history,  it  is 
due  to  his  memory  to  give  a  diary,  which  he  kept  in  pencil 
during  the  movement  of  the  Army  of  the  Potomac  early  in 
May  across  the  Eappahannock  river,  the  battle  of  Chancellors- 
ville,  and  the  return  of  the  army  by  recrossing  the  river  to  its 
encampment. 

To  comply  with  a  request  made  in  July,  1863,  by  "  The 
Bureau  of  Military  Statistics  established  by  the  Legislature  " 
of  our  state,  I  furnished  a  history  of  the  services  rendered  by 
my  sons  up  to  that  time,  and  gave  a  copy  of  Alfred's  diary, 
which  I  made  from  the  original  in  pencil.  That  copy  will  be 
found  as  No.  62  of  "  Papers  Written  by  me."  It  will  be 
found  interesting,  as  it  gives  an  accurate  account  of  the  move- 
ments of  the  army,  and  of  the  battle  so  far  as  they  fell  under 
his  observation,  as  well  as  of  the  perils,  thoughts,  and  feelings 
of  a  Christian  soldier  during  a  severe  battle. 

The  summer  vacation  of  Columbia  College  commenced  on 
the  20th  of  June.  Lawrence,  instead  of  coming  home  to  pass 
his  vacation,  asked  my  consent  to  join  the  22d  Regiment  of 
New  York  Militia,  then  under  orders  for  Harrisburg,  Pa.,  to 
aid  in  driving  the  rebels  from  that  state.  I  gave  it  promptly, 
and  commended  his  choice  of  the  manner  of  spending  his  vaca- 
tion. He  left  New  York  fully  equipped  with  the  regiment  on 
the  22d  of  June.  After  the  rebels  were  driven  from  Pennsyl- 
vania, the  regiment  was  ordered  back  to  New  York  to  preserve 
order  in  that  city.  It  arrived  there  on  the  18th  day  of  July. 
Their  tour  of  duty,  though  short,  was  severe  and  full  of  peril. 
Lawrence  came  home  a  few  days  afterwards.  After  hearing 
his  account  of  the  services  of  his  regiment  and  the  destitution 
to  which  they  were  exposed  (for  their  commissariat  had  been 
wretchedly  managed),  I  asked  him  if  he  thought  he  had  done 


AND  COLLATERAL  REMINISCENCES.  367 

any  good  by  going  ;  he  said  "Certainly."  I  inquired  how; 
he  answered,  "  I  had  five  fair  shots  at  the  rebels." 

As  Lawrence  did  not  enjoy  good  health  in  the  city  and 
Kobert  E.  was  anxious  to  receive  his  education  in  a  Western 
college,  they  concluded,  with  my  consent,  to  enter  the  college 
at  Beloit,  Wis.  They  did  so  on  the  1st  of  September.  Law- 
rence as  sophomore,  and  Eobert  E.  as  freshman. 

Thomas  continued  at  school  at  Peekskill,  and  in  the 
autumn  William  joined  him.  When  the  summer  term  of  the 
school  at  South  Williamstown  closed,  George  came  home  and 
entered  a  school  at  Geneva.  The  little  girls  also  attended 
school  in  that  village.  Our  two  eldest  daughters  passed  the 
year  at  home,  making  occasional  visits  to  relatives  and  friends 
as  in  previous  years. 

I  continued  to  hold  the  office  of  elder  in  our  church, 
though  very  reluctantly,  as  my  frequent  absences  from  home 
prevented  me  from  properly  and  fully  discharging  its  duties. 

On  Saturday  evening,  the  last  day  of  February,  Mrs. 
Foot  and  I  decided  to  change  our  hour  for  evening  devotions 
from  the  late  hour  in  the  evening,  at  which  we  usually  had 
them,  to  directly  after  tea,  so  that  all  the  children  could  be 
present.  We  carried  this  change  into  execution  on  Sunday 
evening,  the  1st  of  March,  and  found  it  a  great  improvement, 
and  have  had  our  evening  devotions  at  that  hour  ever 
since. 

Two  or  three  extracts  from  my  diary,  indicating  my  de- 
pendence on  God,  and  my  gratitude  for  his  goodness  and 
mercy,  will  close  the  account  of  the  year  : 

Saturday,  January  3d.—"  Yesterday  evening  I  received  authen- 
tic intelligence  of  the  President's  proclamation  of  emancipation. 
I  record  my  thanks  to  thee,  gracious  God,  for  answering  my  fre- 
quent prayers  to  set  the  bondmen  free,  and  give  this  continent  to 
Christian  freemen.  0  God,  complete  this  gracious  and  glorious 
work.  I  ask  it  for  Christ's  sake." 

Wednesday,  April  22d.  After  reading  Alfred's  letter  announc- 
ing his  conversion. — "Gracious  God,  I  record  my  profound 
thanks  for  this  manifestation  of  thy  love  and  mercy." 


368  AUTOBIOGRAPHY 

Monday,  June  1st. — "  Spent  my  Sabbath  yesterday  as  usual  in 
Geneva,  and  I  trust  as  well.  The  Lord's  supper  was  administered 
in  the  forenoon,  and  I  enjoyed  it.  It  is  delightful  to  be  near  to 
my  Saviour." 

Wednesday,  August  26th.  On  Lawrence  and  Eobert  E. 
leaving  home  to  enter  Beloit  College. — "  Gracious  God,  I  commit 
these  dear  sons  to  thy  protecting  care — renew  them  in  thine  image, 
and  make  them  thine  own  in  Jesus." 


1864. 

This  year,  in  one  respect,  differed  materially  from  previous 
years.  While  in  those  years  my  profession  was  my  chief 
occupation,  it  occupied  this  year  only  a  small  portion  of  my 
time.  It  did  not  call  me  from  home  to  Canandaigua,  nor  to 
any  of  the  adjoining  counties,  and  took  me  only  three  times  to 
New  York,  and  on  neither  of  those  occasions  detained  me  over 
ten  days,  nor  occupied  my  whole  time  while  there,  my  indi- 
vidual business  requiring  a  large  share  of  it ;  and  while  at 
Geneva  only  a  few  hours  were  occasionally  needed  for  profes- 
sional business,  studies,  and  reading.  This  change  arose  from 
the  fact,  that  after  the  death  of  my  son  John,  I  did  not 
encourage,  and  frequently  declined,  retainers  in  new  business, 
and  was  mainly  engaged  in  prosecuting  to  conclusion,  the  suits 
on  hand  at  his  death.  They  were  nearly  all  ended  in  1862-3. 
A  few  only,  which  required  my  attention,  remained  at  the 
beginning  of  this  year. 

Almost  the  whole  of  this  year  was  passed  at  home.  I 
went  to  Washington  for  a  few  days  in  January,  to  oblige  a 
friend — to  New  Haven,  Conn.,  in  July,  with  my  son  Thomas, 
to  aid  him  in  his  arrangements  to  enter  Yale  College,  and 
from  there  to  Watertown  in  that  state,  to  visit  my  nephew, 
Hubert  Scovill,  and  his  family,  with  whom  I  passed  six  or 
eight  days — and  to  Philadelphia  near  the  end  of  August  to 
meet  my  son  Alfred,  who  was  brought  there  wounded  from 
Virginia,  and  where  I  remained  several  days.  With  these 


AND  COLLATERAL  REMINISCENCES.  369 

exceptions,  my  time  was  passed  at  Geneva  as  it  generally  had 
been  in  previous  years ;  but  being  more  at  home  this  year 
than  before,  I  spent  more  time  working  in  my  garden  and  on 
my  place,  in  general  reading,  and  in  correspondence  with  rela- 
tives and  friends,  and  with  my  children,  who  were  away  from 
home. 

I  took  a  deep  interest  in  the  presidential  election  this 
year  ;  also  in  the  gubernatorial  election  of  this  state.  A 
meeting  was  held  in  this  village  on  the  evening  of  the  4th  of 
October,  to  promote  the  re-election  of  Mr.  Lincoln,  and  the 
Kepublican  candidate  for  Governor  of  this  state,  of  which  I 
was  chairman,  and  on  taking  the  chair,  made  a  short  address, 
wholly  practical,  and  designed  to  influence  the  votes  of  my 
neighbors.  To  accomplish  that  object  I  wrote  it  out  in  full 
before  delivering  it.  It  was  'published  in  our  village  paper  a 
few  days  afterwards,  and  is  No.  63  of  "  Papers  Written  by  me." 

Being  in  New  York  on  the  12th  of  November,  and  after 
the  result  of  the  election  was  known,  I  wrote  Mrs.  Foot  a  let- 
ter on  that  day,  some  extracts  of  which  will  show  my  views 
and  the  state  of  my  feelings  at  that  time  in  regard  to  the  elec- 
tion and  the  condition  of  the  country  : 

"  I  respond  most  deeply  and  warmly  to  your  remark,  that  the 
f  news  is  glorious.'  It  is  more  than  glorious,  it  is  profoundly  good, 
rich  in  blessings  to  this  country  and  the  world.  I  am  so  grateful 
to  our  Heavenly  Father,  who  has  the  keeping  of  the  hearts  of  all 
men,  for  directing  the  people  of  this  country  to  so  wise  a  judg- 
ment, that  I  have  not  language  to  express  my  gratitude.  I  can 
only  repeat  and  repeat  the  exclamation,  '  0  God,  I  thank  thee.' 
The  majorities  for  the  Union  come  in  stronger  and  stronger.  The 
vote  is  overwhelming.  A  load  is  removed  from  my  heart."  After 
mentioning  the  payment  of  a  largely  increased  amount  of  tax  on 
some  real  estate  in  the  city,  I  write,  "  But  the  future  looks  so 
bright  for  the  country,  that  temporary  inconvenience  is  not  worth 
'a  thought.  It  would  be,  as  it  should  be,  a  pleasure  to  suffer  in  her 
cause.  A  wound  in  her  service  is  an  imperishable  honor,  and  my 
deepest  regret  has  been  and  is,  as  you  know,  that  my  age  deprives 
me  of  the  privilege  of  serving  her  as  I  would." 
24 


370  AUTOBIOGRAPHY 

11  The  Geneva  Literary  and  Scientific  Association  "  met  at 
my  house  on  the  evening  of  the  27th  of  December,  and  I  de- 
livered before  them  a  lecture,  in  which  I  discussed  the  princi- 
ples on  which  the  states  in  rebellion  should  be  re-organized, 
the  currency  of  the  country  regulated,  and  the  national  debt 
managed.  I  bestowed  considerable  thought  on  these  topics, 
and  wrote  the  lecture  out  nearly  in  full,  but  did  not  confine 
myself  in  its  delivery  to  the  written  words  ;  nor  are  the  por- 
tions written  in  a  fit  state  for  publication.  I  called  my  lecture 
"  Some  Desultory  Thoughts,  not  on  the  very  distant,  but  on 
the  more  immediate  future  of  our  country." 

Many  of  these  thoughts  will  be  found  in  papers  which  I 
wrote  and  were  published  in  the  two  following  years. 

This  year  was  marked  by  family  incidents  of  great  in- 
terest. 

Our  daughter  Mary  engaged  herself  in  marriage  to  R.  Ross 
Roberts,  a  physician  of  Harrisburg,  Pa.,  and  on  the  3d  of 
December  he  asked  her  in  marriage  of  me  and  her  mother, 
and  our  consent  to  the  engagement.  We  freely  gave  it. 

While  the  Union  army  of  the  Potomac  was  pressing  for- 
ward in  June,  1863,  to  meet  the  army  of  the  rebels  in  Penn- 
sylvania, Alfred  was  met  with  an  order  near  Manassas  Junction 
directing  him  'to  repair  to  Harrisburg,  Pa.,  to  discharge  the 
duty  of  a  mustering-in  officer.  He  reached  there  on  the  28th 
of  June,  and  was  kept  there  and  in  the  vicinity  on  that  service 
till  near  the  end  of  May  of  this  year,  when  he  was  again 
allowed  to  join  his  regiment,  then  near  Petersburg,  Va.  He 
came  home  for  a  day,  and  left  us  on  the  28th  of  May  for  his 
regiment.  He  came  home  again  on  the  5th  of  July  wounded. 
A  rifle-ball  had  passed,  a  few  days  before,  through  the  calf  of 
his  left  leg.  His  wound  having  healed,  and  his  limb  appar- 
ently fully  restored,  he  returned  to  the  army  on  the  1st  of 
August.  After  passing  a  few  days  at  headquarters  with  a, 
friend,  he  joined  his  regiment,  still  near  Petersburg,  Va.  He 
was  in  the  dreadful  battle,  which  was  fought  on  the  18th  of 
August,  for  the  possession  of  the  Petersburg  and  Weldon 
Railroad,  and  commanded  the  battalion  of  the  14th  infantry, 


AND  COLLATERAL  REMINISCENCES.  371 

his  senior  officer  being  unable  to  be  on  the  field.  He  was 
severely  wounded  in  the  right  arm  near  the  shoulder.  He 
supposed  fatally — went  to  the  stump  of  a  tree,  sat  down  be- 
side it,  and  leaned  against  it -to  die.  After  the  battle  was 
over,  he  was  found,  and  carried 'to  the  surgeon's  table.  The 
surgeon,  after  an  examination  of  his  wound,  informed  him, 
that  the  safest  operation  was  to  take  off  his  arm  at  the  shoul- 
der-joint;  but  he  could  perform  an  operation,  which,  if  he 
lived,  would  give  him  a  tolerably  good  arm,  and  he  must  de- 
cide. Alfred  thought  a  few  seconds  and  said,  he  would  rather 
be  buried  with  two  arms  than  live  with  one.  The  surgeon 
performed  the  operation  of  exsection,  took  from  his  arm  3£- 
inches  of  shattered  bone,  being  able  to  leave  only  one  inch  of 
sound  bone  below  and  next  to  the  shoulder-joint.  The  next 
day  he  was  carried  in  an  ambulance  sixteen  miles  to  City 
Point,  which  almost  killed  him,  and  from  there  to  Philadel- 
phia on  the  steamer  Atlantic,  with  five  hundred  other 
wounded  officers  and  soldiers.  The  steamer  arrived  at  Phila- 
delphia on  Thursday  evening  the  25th  of  August.  On  Wed- 
nesday the  24th,  I  received  a  letter  from  General  Patrick,  the 
provost  marshal,  written  the  day  after  Alfred  was  wounded, 
in  which  he  said,  "  The  regiment  has  suffered  heavily,  none 
of  the  officers  killed,  four  wounded,  and  a  great  many  men 
lost.  *  *  *  There  is  no  danger  of  his  (your  son)  losing 
his  arm.  I  do  not  think  your  son  will  remain  here  very  long. 
He  will  be  sent  to  Washington/'  This  led  me  to  suppose 
Alfred  was  not  dangerously  wounded. 

I  took  the  first  train  South  to  find  him.  A  letter  which  I 
wrote  to  my  daughter  Mary  on  the  28th  of  August,  contains 
a  full  account  of  my  journey,  and  of  all  the  incidents  connected 
with  meeting  Alfred,  of  his  feeble  and  dangerous  condition,  of 
the  provision  I  made  for  him,  and  of  the  arrival  in  Philadel- 
phia of  his  mother.  My  children  will  find  it  full  of  interest. 
It  is  No.  64  of  "  Papers  Written  by  me/' 

The  search  for  Alfred's  baggage,  mentioned  in  my  letter  to 
Mary,  was  successful.  I  was  the  more  anxious  to  find  it,  be- 
cause when  Alfred  was  first  wounded,  he  lost  his  own  sword 


372  AUTOBIOGRAPHY 

and  pistol,  and  I  had  let  him  have  his  brother  John's,  and  was 
anxious  they  should  be  found  and  preserved. 

In  my  letter  to  Mary,  I  did  not  state  fully  the  reduced 
and  dangerous  condition  in  which  I  found  Alfred.  The  func- 
tions of  his  body  had  been  inactive  for  the  whole  week  since 
he  was  wounded,  and  artificial  means  used  to  supply  their 
place  as  far  as  possible.  He  was  so  feeble  he  could  not  stand, 
nor  hold  up  his  head,  which  fell  forward  on  to  his  chest  when 
raised  in  bed  to  dress  his  wound.  I  did  not  think  he  could 
live,  and  so  expressed  myself  to  a  couple  of  his  brother  officers 
who  were  less  severely  wounded  than  he.  But  they  said,  he 
had  too  much  pluck  to  die.  One  night,  about  ten  days  after 
he  was  placed  in  the  hospital,  a  violent  pain  seized  him  in  his 
left  leg,  in  which  he  was  first  wounded,  and  extended  from  his 
groin  to  his  toes.  It  was  so  excruciating,  that  powerful  ano- 
dynes were  administered  to  him.  His  mother  and  the  sur- 
geon were  called,  and  fears  were  entertained  that  death  was 
approaching.  The  leg  swelled  in  the  course  of  the  night  to 
double  its  natural  size,  and  then  the  pain  ceased.  He  had  no 
pain  in  the  limb  afterwards,  and  the  swelling  gradually  went 
down,  till  it  approached  its  natural  size.  But  this  leg  was 
never  afterwards  as  strong  as  the  other,  and  a  little  too  much 
exercise  in  walking  caused  it  to  swell. 

Mary  went  to  Philadelphia  on  the  16th  of  September  to 
relieve  her  mother,  who  came  home  on  the  21st  of  that  month. 
Alfred  was  not  able  to  leave  the  hospital  till  the  1st  of  Novem- 
ber, and  reached  home  on  the  5th  of  that  month,  and  remained 
with  us  till  the  close  of  the  year,  when  he  went  to  Harrisburg, 
Pa.,  with  Dr.  Roberts.  The  Government  recognized  the  ser- 
vices and  sufferings  of  Alfred,  and  gave  him  a  brevet,  which 
was  noticed  as  follows  in  our  village  paper : 

"  It  gives  us  pleasure  to  mention  that  Lieutenant  Alfred  Foot, 
of  the  14th  TJ.  S.  Regular  Infantry,  who  was  wounded  in  August 
last  in  the  closely  contested  battle  for  the  possession  of  the  Weldon, 
Railroad,  has  been  promoted  and  appointed  a  captain  by  brevet 
'for  gallant  services  during  the  operations  on  the  Weldon  Railroad, 


AND  COLLATERAL  REMINISCENCES.  373 

Va.,  to  take  rank  from  the  18th  of  August,  1864,'  (the  day  he  was 
wounded.) 

"  We  are  happy  to  learn  that  Captain  Foot,  who  is  still  at  the 
residence  of  his  father,  Judge  Foot,  being  yet  unfit  for  service,  is 
slowly  recovering  from  his  wound,  though  he  will  never  have  the 
full  use  of  his  arm."— Geneva  Courier,  Wednesday,  Dec.  21,  1864. 

Under  the  offer  of  the  Western  governors,  in  the  spring  of 
this  year,  to  the  General  Government,  of  one  hundred  thousand 
men  for  one  hundred  days,  my  two  sons,  Lawrence  and  Eobert 
Ebenezer,  at  Beloit  College,  Wis.,  volunteered.  Robert  E., 
the  youngest,  having  some  doubt  of  my  consenting  to  his 
going,  wrote  me  on  the  7th  of  May  substantially  and  nearly 
in  the  following  words  : 

"Father,  if  my  life  is  spared,  I  shall  be  one  of  the  next  genera- 
tion to  bear  the  burthens  of  this  war,  and  aid  in  the  government 
of  this  country  on  the  new  plan  of  universal  freedom.  I  shall  not 
be  able  then  to  hold  up  my  head  and  do  my  duty,  if  I  do  not, 
having  now  nearly  the  strength  of  a  man,  take  a  part  in  putting 
down  the  rebellion.  I  want  your  permission  and  blessing  to  vol- 
unteer as  one  of  the  one  hundred  day  men.  I  have  already  put 
down  my  name  subject  to  your  approval.  Send  word  by  tele- 
graph." * 

I  answered  by  telegraph,  "Go,  with  God's  blessing  and 
mine."  Nearly  all  the  students  of  the  college  went,  and  one 
of  the  professors  went  as  chaplain  of  the  regiment.  They  left 
Beloit  on  the  19th  of  May  for  Camp  Randall,  Madison,  Wis. 
They  were  mustered  into  the  United  States  service  on  the  7th 
of  June,  and  ordered  to  Memphis,  Tenn.,  for  which  place  they 
started  on  the  10th  of  that  month.  On  arriving  at  Memphis, 
they  were  stationed  at  Camp  Ray,  a  short  distance  from  the 
city.  They  remained  there  till  the  9th  of  September,  arid 
were  then  ordered  home.  They  arrived  at  Madison,  Wis.,  on 
the  15th  of  that  month,  after  a  fatiguing  journey,  were  paid 
off,  mustered  out,  and  reached  home  on  the  24th. 

They  had  one  brush  with  the  rebels,  viz.,  when  the  rebel 
general,  Forrest,  made  his  raid  in  August  upon  Memphis.  My 
sons  were  in  the  40th  Wisconsin  Regiment,  which  took  a  part 


374  AUTOBIOGRAPHY 

in  the  fight,  and  was  reported  to  have  behaved  remarkably 
well. 

Lawrence  and  Robert  E.  returned  to  college  at  Beloit  on 
the  12th  of  October. 

Some  one,  but  who  I  have  never  learned,  early  in  Septem- 
ber, wrote  an  article,  which  was  published  in  our  village 
paper  on  the  7th  of  that  month,  respecting  my  five  sons  in  the 
army.  The  statements  are  not  all  accurate,  but  are  in  general 
correct,  and  I  subjoin  it  in  a  note.0 

*  This  war  is  consuming  the  best  and  dearest  of  our  land.  This  is 
seen  and  known  by  all.  It  falls  heavily  by  way  of  taxes  and  increased 
prices  upon  all  persons.  It  falls  with  oppressive  weight  upon  those  who 
have  sons  and  near  of  kin  exposed,  and  called  upon  to  incur  its  risks — 
its  hazards,  the  sufferings  of  a  life  in  camp,  and  the  agonies  of  death  in 
the  field,  or  the  still  worse  tortures  of  rebel  barbarity  and  atrocity  worse 
than  death,  in  the  power  of  the  enemy  as  prisoners  of  war. 

Of  the  men  who  have  thus  contributed  to  the  necessities  of  our  coun- 
try, few,  if  any,  have  given  so  largely  as  our  townsman,  Hon.  S.  A.  Foot- 
He  has,  or  has  had,  five  sons  in  the  service  of  the  country.  Two  are 
dead,  one  lies  dangerously  wounded,  and  two  are  safe,  and  for  the  present 
out  of  service. 

His  oldest  son,  in  practice  of  the  law  in  Minnesota,  raised  a  company 
in  the  Second  Minnesota  Regiment,  was  in  the  battle  of  Mill  Spring, 
January,  1863.  His  regiment,  with  the  9th  Ohio,  was  the  means  of  gain- 
ing this  most  important  success  for  the  Union  cause.  Although  Captain 
Foot  escaped  injury  in  the  battle,  the  campaign  of  which  it  was  part, 
developed  an  old  disease  into  such  active  vigor  that  he  was  obliged  to 
retire  at  once  from  the  service,  and  he  died  on  the  12th  of  March 
following. 

His  second  son,  Samuel  C.  Foot,  was  educated  for  the  navy,  and  was 
signal  officer  on  board  the  "  Stars  and  Stripes  "  in  the  battle  of  Roanoke 
Island.  He  took  part  also  in  the  capture  of  Newbern,  N.  C.  After  these 
battles  he  was  made  executive  officer  of  the  steamer  "  Whitehead,"  and 
ordered  to  Elizabeth  City,  N.  C.  There  he  took  typhoid  fever,  and  died 
of  this  disease  June  12th,  1862. 

The  third  son  of  Judge  Foot,  Alfred,  volunteered  with  the  Seventh 
Regiment  of  New  York  city,  at  thejirst  call  for  troops,  April,  1861.  He 
served  out  the  time  for  which  the  regiment  volunteered,  and  was  then 
appointed  first-lieutenant  in  the  14th  Regular  Infantry.  He  was  in  the 
battle  of  Chancellorsville,  1863.  While  in  command  of  a  battalion  of 


AND  COLLATERAL  REMINISCENCES.  375 

Euphemia  passed  the  winter  with  her  uncle  and  aunt 
Clark  in  the  city,  and  the  rest  of  the  year  at  home,  with  the 
exception  of  a  visit  or  two  to  relatives  at  the  East. 

Thomas  entered  Yale  College  early  in  September.  It  is 
but  justice  to  this  son  to  mention,  that  he  was  anxious  to  join 
one  of  the  volunteer  regiments  of  this  state  and  help  suppress 
the  rebellion,  but  I  would  not  allow  him  to,  considering  him 
too  young  for  such  a  service. 

skirmishers  before  Petersburg,  Va.,  June  22d,  he  was  wounded  in  his  leg. 
On  his  partial  recovery  he  returned  to  duty,  August  1st.  But  again, 
after  eighteen  days,  in  the  capture  of  the  Weldon  Road,  August  18th,  he 
•was  badly  wounded  in  the  shoulder.  He  is  doing  well  and  likely  to 
recover,  with  a  loss  of  about  three  inches  of  the  bone  of  his  right  arm, 
near  the  shoulder. 

The  fourth  son,  Lawrence,  after  entering  Columbia  College,  New  York 
city,  in  June  of  1863,  instead  of  coming  home  to  spend  his  vacation, 
enlisted  in  the  22d  City  Regiment,  and  served  six  weeks  in  the  campaign 
that  gave  us  Gettysburg  and  drove  Lee  from  Pennsylvania.  He  was  three 
times  under  fire  in  conflict  with  the  rebels. 

The  fifth  son,  Robert  E.  Foot,  entered  Beloit  College,  Wis..  Septem- 
ber, 1863,  his  elder  brother,  just  spoken  of,  entering  sophomore  at  the 
same  time,  after  his  campaign  in  Pennsylvania.  Both  of  them,  Robert 
and  Lawrence,  entered  the  service  as  privates,  and  without  bounty,  in 
May,  1864.  They  served  a  hundred  days,  and  were  in  the  battles  that 
ensued  near  Memphis,  Tenn.,  when  Forrest  made  his  raid  into  that  city, 
and  thus  contributed  to  defeat  him  and  drive  back  his  men. 

We  doubt  if  there  is  a  family  in  the  country  with  a  better  record  than 
this.  Of  Judge  Foot's  contribution  in  money  to  the  cause  of  his  country 
we  cannot  speak.  He  is  not  a  man  to  make  known  his  acts  of  this  kind. 
But  we  know  of  his  sympathy  with  the  cause,  we  know  of  his  services  in 
sustaining  the  "  Legal  Tender"  act  of  Congress  in  the  Court  of  Appeals. 
And  our  readers  know  of  his  agency  in  the  publication  of  the  well  known 
Wilson  and  Foot  pamphlet  on  Confiscation.  This,  whether  it  brings 
money  or  not  into  the  public  treasury,  may  fairly  be  said  to  have  revolu- 
tionized the  opinion  of  the  country  on  a  great  constitutional  question, 
and  has  shown  that  while  our  government  is  in  time  of  peace  the  most 
mild  and  paternal  on  the  earth,  it  is  in  times  of  war  not  less  powerful 
and  thoroughly  armed  with  all  the  means  that  are  necessary,  or  can  be 
successfully  used,  in  putting  down  a  rebellion  when  it  occurs.  We  think 
that  this  is  about  enough  for  one  man  to  do.  Most  of  us  would  be  satis- 
fied with  far  less. — Geneva  Courier,  Wednesday,  September  7th,  1864. 


376  AUTOBIOGRAPHY 

William  remained  at  school  at  Peekskill,  and  George  and 
the  other  younger  children  at  Geneva. 

Lawrence  was  attacked  with  chills  and  fever  after  he  went 
back  to  college  at  Beloit,  and  could  not  get  rid  of  them. 
They  were  one  of  the  sequences  of  his  summer's  campaign  in 
Tennessee.  He  came  home  quite  ill  in  the  forepart  of  Decem- 
ber, but  soon  began  to  improve  in  health. 

I  will  close  this  account  of  the  year  by  some  extracts  from 
my  diary,  showing  my  trust  in  my  Heavenly  Father,  and  my 
willingness  to  submit  to  his  orderings  in  regard  to  me  and 
mine  : 

Wednesday,  August  3d.  After  my  return  from  my  visit  to 
Watertown,  Conn.,  and  recording  my  thoughts. — "Being  at  the 
place  of  my  birth,  and  reviewing  my  life,  I  am  impressed  with  the 
goodlier  of  my  God,  and  record  my  profound  thanks  to  Him  for 
His  nu'iciful  dealings  with  me  through  life.'"' 

Monday,  September  5th. — "  Spent  my  Sabbath  yesterday  as 
usual  in  Geneva.  The  Lord's  supper  was  administered  most 
acceptably  by  our  pastor.  I  greatly  enjoyed  it,  and  was  very  near 
to  my  Saviour  the  whole  time/' 

Thursday,  December  15th.— "This  is  the  birthday  of -Mrs. 
Foot.  Gracious  God,  I  thank  thee  for  sparing  her  life,  and  for  the 
inestimable  blessing  of  such  a  companion." 

Saturday,  December  17th. — "This  is  my  birthday,  being  to- 
day seventy-four  years  of  age,  and  still  in  good  health,  and  in  the 
enjoyment  of  all  my  faculties,  except  a  slight  deafness,  mainly  in 
my  right  ear.  For  my  prolonged  life,  health,  and  use  of  my  facul- 
ties, 0  God,  I  thank  thee.  If  consistent  with  thy  will,  still  spare 
me,  that  I  may  continue  to  fulfill  the  duties  of  a  parent,  member 
and  officer  in  thy  church,  and  a  citizen  of  this  Republic.  I  ask  all 
in  the  name  and  for  the  sake  of  thy  dear  Son,  my  Saviour." 


1865. 

My  time  this  year  was  occupied  in  general  as  it  was  in  the 
previous  year.     About  the  same  amount  of  it  was  required  by 


AND  COLLATERAL  REMINISCENCES.  377 

my  profession,  which  only  took  me  to  Yates  County  for  a 
couple  of  days,  and  three  times  to  New  York,  and  these  only 
occupied  me  altogether  about  three  weeks.  At  Geneva  it  only 
took  an  hour  or  two  on  a  few  different  occasions. 

Nearly  the  whole  year  was  passed  at  Geneva.  I  went  to 
Washington  the  latter  part  of  January  to  ask  for  an  order 
placing  Alfred  on  light  duty,  which  Mr.  Stanton,  the  Secretary 
of  War,  readily  and  kindly  granted.  I  was  there  only  two  or 
three  days.  Near  the  end  of  June,  I  went  to  Niagara  Falls 
with  Euphemia  and  a  couple  of  young  ladies,  her  friends.  We 
were  there  only  two  days.  Early  in  August,  I  took  my  sons, 
Kobert  E.,  Thomas,  and  William,  to  Sodus  Bay,  and  spent  a 
couple  of  days  there  fishing  with  them  ;  and  near  the  end  of 
October  Mrs.  Foot  and  I  went  to  Harrisburg,  Pa.,  to  visit 
Mary  and  attend  Alfred's  wedding. 

In  regard  to  the  time  passed  at  Geneva,  the  principal  dif- 
ference between  this  and  the  preceding  year  consisted — 
First.  In  the  time  given  this  year  to  writing  this  biography 
and  collecting  facts  for  that  purpose — and  Second.  In  greater 
attention  to  the  affairs  of  our  church. 

I  began  this  biography  early  in  February,  and  wrote  the 
preface  on  the  6th  and  7th  days  of  that  month,  and  from  that 
time  forward,  for  several  months,  devoted  considerable  time  to 
it.  Our  pastor  resigned  his  pastorate  in  the  latter  part  of 
June.  In  addition  to  my  usual  attention  to  the  affairs  of  the 
church,  I  assisted  in  obtaining  a  successor,  and  conducted 
many  of  the  weekly  prayer  meetings. 

The  great  victories  over  the  rebels — the  close  of  the  war — 
the  assassination  of  President  Lincoln,  and  the  condition  of 
the  country  engrossed  my  thoughts,  and  occupied  them  for 
many  an  hour. 

The  trial  of  the  assassins  by  a  military  tribunal  deeply  in- 
terested the  country,  and  the  right  of  such  a  tribunal  to  try 
and  execute  them  was  earnestly  discussed  in  the  public  jour- 
nals. These  topics  greatly  interested  me.  My  opinion  was 
clearly  in  favor  of  the  right  of  a  military  court  to  try  and 
punish  these  atrocious  criminals ;  and  while  in  the  city  in 


378  AUTOBIOGRAPHY 

May,  I  wrote  a  short  article  over  my  own  name,  and  sent  it  to 
the  New  York  Times  for  publication.  It  was  published  on 
the  15th  of  that  month.  It  shows  my  opinion  and  views  in 
regard  to  the  proper  tribunal  to  punish  this  greatest  of  crimes. 
It  is  No.  65  of  "  Papers  Written  by  me." 

The  condition  of  the  rebel  states,  and  the  way  they  sho-uld 
be  reorganized  began  to  engage  public  attention  early  in  the 
summer  of  this  year.  The  few  articles,  which  appeared  in  the 
public  journals  on  the  subject,  showed  that  there  was  great 
diversity  of  opinion,  and  that  the  public  mind  was  entirely  un- 
settled in  regard  to  the  true  condition  of  these  states  under 
our  system  of  Government,  and  the  manner  in  which  they 
could  again  be  brought  into  harmonious  action  with  the  loyal 
states.  To  render  what  assistance  I  could  on  this  all-impor- 
tant subject,  I  wrote  an  article,  early  in  August,  in  the  form 
of  a  letter  addressed  to  our  Senators  in  Congress,  in  which  was 
presented  the  result  of  my  reflections  upon  it. 

This  letter  was  first  published  in  our  village  paper,  and 
afterwards  extensively  in  the  public  journals — was  highly  com- 
mended, and  brought  me  many  complimentary  letters  from 
distinguished  gentlemen  to  whom  copies  had  been  sent.  It 
was,  I  believe,  the  first  publication  which  presented  the  true 
constitutional  condition  of  the  rebel  states,  and  the  principles 
and  outlines  of  the  measures  on  which  they  were  ultimately 
reconstructed.  It  is  No.  66  of  "  Papers  Written  by  me." 

Below  in  a  note  are  a  couple  of  letters,  one  from  Chief 
Justice  Chase  and  the  other  from  Senator  Morgan,  given  as 
specimens  of  those  received  by  me ;  also  notices  in  two  public 
journals  likewise  given  as  specimens  of  those  taken  of  my 
letter.* 

*  WASHINGTON,  August  26th,  1865. 
DEAR  JUDGE: 

Accept  my  thanks  for  the  instructive  article  you  sent  me.  I  wish 
that  the  counsels  of  such  men  may  be  heeded. 

Yours,  sincerely, 

S.  P.  CHASE. 
Hon.  SAMUEL  A.  FOOT. 


AND  COLLATERAL  REMINISCENCES  379 

Tliis  year,  like  the  last,  was  marked  by  family  incidents  of 
great  interest. 

Early  in  March,  a  work  of  grace  was  begun  in  the  heart  of 
iny  dear  son,  Robert  Ebenezer.  He  fell  under  a  deep  convic- 
tion of  sin — was  born  again,  and  became  a  devout  and  earnest 
Christian.  His  letter  to  his  parents  announcing  this  great  and 
happy  change,  and  his  subsequent  letters  to  his  brothers  and 
to  me,  were  full  of  interest  and  delightful.  They  showed  a 
perfect  work  of  grace,  and  that  in  this  son,  I  had  a  true 
brother  in  Christ.  He  united  with  the  Congregational  church 
at  Beloit  on  the  4th  of  May,  and  on  the  following  Sunday  par- 


NEW  YOEK,  September  2d,  1865. 

Hon.  SAMUEL  A.  FOOT. 

MY  DEAR  STB  :— Your  letter  of  the  16th  ult.  enclosing  slip  from 
Geneva  Courier,  being  a  copy  of  a  letter  addressed  by  you  to  Senator 
Harris  and  myself,  was  received  during  a  brief  absence  from  the  city. 
Before  I  returned  here,  I  observed  its  republication  in  the  Evening  Post. 
The  letter  was  well  worthy  of  republication.  I  hope,  my  dear 
sir,  you  will  always  feel  free  to  address  me  on  public  affairs,  either  pri- 
vately or  publicly,  whenever  it  may  be  agreeable  for  you  to  do  so.  Cer- 
tainly the  important  questions  to  be  decided  may,  with  great  propriety, 
be  examined  and  discussed  by  att  our  fellow-citizens,  and  especially  by 
one  so  able  and  patriotic  as  yourself. 

Yours,  very  truly, 

E.   D.   MOKGAN. 

We  copy  from  the  Geneva  Courier  the  letter  of  Hon.  Samuel  A.  Foot, 
addressed  to  United  States  Senators  Harris  and  Morgan,  of  this  state,  on 
the  subject  of  reconstruction.  Judge  Foot  indicates  how  justice  might 
be  done  to  all  classes,  and  the  states  be  restored  without  violence  to  the 
Constitution.  He  is  an  eminent  jurist,  and  his  views  are  worthy  of  the 
highest  consideration.  The  problem  he  treats  is  one  that  must  exercise 
the  best  minds  of  the  nation  for  some  time  to  come,  and  we  are  glad  that 
Judge  Foot  finds  a  solution  so  agreeable  to  all  friends  of  universal  jus- 
tice and  free  suffrage. —  Yates  County  Chronicle,  Penn  Yan,  N.  Y.,  Thurs- 
day, August  24th,  1865. 

The  following  letter,  which  we  copy  from  the  Geneva  Courier,  pre- 
sents the  views  of  one  of  the  most  eminent  jurists  of  this  state,  on  a 
subject  which  is  at  present  of  absorbing  interest.  It  deserves  careful 
perusa1. —  Christian  Intelligencer,  Thursday,  August  24th,  1865. 


380  AUTOBIOGRAPHY 

took  of  the  emblems  of  the  broken  body  and  shed  blood  of  his 
Saviour. 

On  the  10th  of  March,  Thomas  was  suspended  at  Yale  Col- 
lege for  chastising  a  sophomore,  who  had  entered  his  room  and 
deranged  its  contents.  The  offence  was  not  deemed  an  im- 
morality, and  the  President  of  the  college  gave  him  a  letter 
which  enabled  him  to  enter  the  college  at  Beloit,  Wis.,  which 
he  did  the  last  of  April. 

Lawrence  having  been  interrupted  in  his  education  by  sick- 
ness, decided  not  to  follow  a  profession,  but  engage  in  some 
general  business,  and  finally  selected  that  of  a  banker  and 
broker  in  the  city  of  New  York.  He  left  home  for  the  city  on 
the  5th  of  May,  and  on  the  following  Monday  commenced  his 
clerkship  in  the  banking-house  in  Wall  Street  of  Thomas 
Denny  &  Co. 

Mary  was  married  on  the  15th  of  June  to  Dr.  Roberts. 
They  left  us  in  the  afternoon  on  their  wedding  tour. 

Alfred  was  married  at  Harrisburg,  Pa.,  on  the  31st  of 
October,  to  Rebecca  L.  Foster  of  that  place.  He  and  his 
bride  embarked  at  New  York  for  San  Francisco  on  the  21st  of 
November  with  his  regiment,  which  was  ordered  to  Arizona. 

Euphemia  spent  the  winter  in  New  York  with  her  uncle 
and  aunt  Clark,  and  the  rest  of  the  year  at  home,  except  the 
short  trip  to  Niagara  Falls  already  mentioned,  and  a  visit  of 
a  few  days  to  her  sister  Mary  in  October. 

Robert  E.  and  Thomas  spent  their  summer  vacation  at 
home,  and  returned  to  college  early  in  September. 

George  concluded  to  learn  the  business  of  a  machinist,  and 
entered  the  works  of  Mr.  Dunning  of  this  village  in  October. 

William  came  home  from  Peekskill  the  last  of  June,  and 
did  not  return.  He  entered  Dr.  Reed's  school  on  the  1st  of 
September. 

The  little  girls  continued  at  school  in  Geneva. 

On  Monday  the  23d  of  October,  I  made  the  following  entry 
in  my  diary  : 

"I  should  have  mentioned  in  my  diary  some  weeks  since,  that 
I  have  discontinued  the  service  on  Sunday  afternoon  of  calling  my 


AND  COLLATERAL  REMINISCENCES.  331 

younger  children  together,  and  inquiring  what  they  heard  and 
remembered  of  the  sermons.  Two  reasons  have  caused  this  dis- 
continuance. One,  that  my  deafness  prevents  me  from  hearing  all 
of  the  sermon ;  the  other,  that  the  children  are  all  now  old  enough 
to  know  and  realize  the  value  and  importance  of  attention  to  the 
services  in  church." 

A  few  extracts  from  my  diary,  showing  my  trust  in  God,  and 
my  gratitude  for  his  mercies,  will  close  the  history  of  me  and  my 
family  this  year : 

Saturday,  March  llth. — "Received  the  gratifying  intelligence 
yesterday  that  my  son  Robert  E.  had  become  a  Christian.  He 
seems  to  have  met  with  a  real  change  of  heart.  0  God,  I  thank 
thee  for  this  answer  to  the  oft-repeated  and  earnest  prayers  of  his 
parents." 

Saturday,  October  14th. — "  This  is  the  birthday  of  my  young- 
est child,  Catherine.  She  is  to-day  thirteen  years  old.  *  *  *  I 
thank  thee,  0  God,  for  sparing  my  life,  and  allowing  me  to  see  my 
youngest  child  so  far  advanced  in  life." 

Sunday,  December  17th. — "  This  is  my  birthday.  I  am  to-day 
seventy-five  years  old.  0  God,  thy  goodness  to  me  is  beyond  my 
power  to  express.  Thou  hast  exempted  me  from  the  ordinary  lot 
of  advanced  years.  If  consistent  with  thy  will,  Heavenly  Father, 
still  spare  me,  that  I  may  be  an  instrument  in  thy  hands  to  pro- 
vide for  the  children  thou  hast  given  me,  and  allowed  to  provide 
and  fit  them  for  the  duties  of  this  life,  as  well  as  prepare  them  for 
thy  holy  presence,  when  death  shall  remove  them.  I  thank  thee 
that  I  have  been  allowed  to  live  till  slavery  has  been  abolished  in 
my  country,  and  that  I  have  been  allowed,  by  my  sons  and  contri- 
bution of  means  which  thou  hast  given  me,  to  aid  in  the  great 
work.  If  consistent  with  thy  holy  will,  may  I  still  live  and  have 
the  use  of  my  faculties,  until  the  freedmeii  have  their  rights 
secured  to  them,  and  harmony  prevails  throughout  our  countiy, 
and  until  my  children  are  educated  and  settled  in  life.  Enable 
me  by  the  aid  of  thy  Spirit  to  live  more  closely  in  communion 
with  thee,  so  that  when  thy  summons  comes,  I  may  enter  thy 
presence  not  only  calmly  but  joyfully.  I  ask  all  in  the  name  and 
for  the  sake  of  my  dear  Redeemer." 

Wednesday,  December  20th. — "Yesterday  was  a  happy  day 


382  AUTOBIOGRAPHY 

for  me.  The  morning  papers  announced  the  proclamation  by  the 
Secretary  of  State,  issued  the  day  before,  that  the  constitutional 
amendment  was  adopted  which  abolishes  slavery  in  this  country. 
I  returned  to  God  in  my  private  devotions  deep  and  heartfelt 
thanks  for  this  great  boon  to  my  country." 


1866. 

My  profession  this  year  required  more  of  my  time  than  in 
either  of  the  preceding  years,  owing  mainly  to  the  temporary 
illness  of  Mr.  Curtis  on  two  different  occasions  during  the  year. 
It  obliged  me  to  make  seven  journeys  to  the  city,  and  spend 
there  altogether  more  than  two  months,  and  one  journey  to 
Rochester,  and  pass  two  days  there  ;  also  to  give  at  home  con- 
siderable attention  to  professional  business  and  studies.  With 
the  exception  of  these  absences,  and  a  few  others  for  purposes 
other  than  business,  the  year  was  passed  at  Geneva. 

The  members  of  "The  Geneva  Literary  and  Scientific 
Association,"  noticing  early  in  January  this  year,  from  the 
proceedings  and  debates  in  Congress  and  discussion  in  the 
public  journals,  that  there  was  great  diversity  of  opinion  re- 
garding the  distinctive  features  of  "a,  republican  form  of 
government,"  which  "  the  United  States  shall  guarantee  to 
every  state  in  the  Union,"  assigned  their  ascertainment  as  a 
topic  for  an  essay  to  be  read  at  their  meeting  on  Tuesday  even- 
ing the  30th  of  January,  and  requested  me  to  write  it.  In 
compliance  with  this  request  I  bestowed  a  good  deal  of 
thought  upon  it,  wrote  an  essay,  and  read  it  before  the  Asso- 
ciation on  the  evening  mentioned.  It  was  received  with  great 
favor,  and  ordered  to  be  published.  I  went  to  Albany  a  few 
days  afterwards  and  had  it  printed  in  pamphlet  form. 

In  further  reflecting  on  the  subject,  it  seemed  to  me,  that 
Congress  might  pass  an  act  which  should  apply  to  all  the 
states,  and  thus  harmonize  the  diverse  opinions  which  pre- 
vailed in  regard  to  giving  the  freedmen  a  right  to  vote  on  the 


AND  COLLATERAL  REMINISCENCES.  383 

reorganization  of  the  rebel  states.    I  drew  such  a  law,  and 
had  it  printed  in  Albany. 

Being  intensely  earnest  in  my  desire  that  the  fruits  of  the 
war,  which  had  cost  me  so  dearly  by  the  loss  and  sufferings  of 
my  sons,  should  be  gathered  by  bringing  back  into  the  Union 
the  rebel  states  under  governments  truly  republican,  I  went 
to  Washington,  caused  my  essay  and  proposed  law  to  be  laid 
on  the  desks  of  members  of  Congress,  handed  to  the  President, 
the  members  of  his  cabinet,  and  other  gentlemen  of  influence 
and  distinction.  I  had  interviews  on  the  subject  with  the 
President,  several  members  of  his  cabinet,  a  large  number  of 
Senators  and  Representatives  in  Congress,  and  other  gentle- 
men. The  measure  was  generally  received  with  favor,  but 
the  objection  made  to  it  was,  that  it  would  be  too  strong  and 
direct  an  interference  with  the  right  which  the  states  claimed 
and  had  always  exercised  to  regulate  elections — that  such 
a  measure  could  only  be  safely  and  successfully  carried  by  an 
amendment  of  the  Constitution.  Still  several  members  of  Con- 
gress favored  the  passage  of  such  a  law,  and  a  distinguished 
Senator  introduced  one  to  that  effect  and  advocated  its  pas- 


The  essay  is  No.  67  and  the  law  No.  68  of  "  Papers  Writ- 
ten by  me." 

After  my  return  from  Washington,  my  thoughts  continued 
to  dwell  on  the  advantages  to  the  country  of  adopting  a  meas- 
ure, which  should  reconcile  conflicting  opinions  and  harmonize 
all  sections  of  the  country,  and  also  secure  universal  education, 
and  thus  perpetuate  our  Government.  After  bestowing  much 
thought  on  the  subject,  I  drew  some  amendments  to  the 
Constitution,  consisting  of  three  articles,  had  them  printed 
and  sent  to  members  of  Congress. 

Our  village  paper,  the  Geneva  Courier,  published  these 
amendments  with  some  comments  upon  them  on  the  21st  of 
March.*  They  and  the  comments  on  them  were  republished 

*  Of  all  the  propositions  and  plans  that  we  have  seen  offered  for 
settling  the  pending  questions  before  the  country,  respecting  suffrage  and 


384  AUTOBIOGRAPHY 

and  favorably  noticed  in  several  leading  journals.  The  Even- 
ing Post  preceded  them  with  the  following  heading  and 
remark : 

representation,  the  following  one,  drawn,  we  understand,  by  a  distin- 
guished jurist  of  our  village,  is  the  only  one  which  seems  to  us  just,  fair, 
and  reasonable. 

To  reconcile  conflicting  opinions,  avoid  threatened  complications,  and  harmo- 
nize and  settle  the  country  on  a  true  republican  basis. 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  two-thirds  of  both  Houses  con- 
curring, that  the  following  articles  be  proposed  to  the  Legislatures  of  the 
several  states  as  amendments  to  the  Constitution  of  the  United  States ; 
which  articles,  when  ratified  by  three-fourths  of  the  said  Legislatures,  to 
be  valid,  to  all  intents  and  purposes,  as  a  part  of  the  said  Constitution, 
namely — 

ARTICLE  I. — That  every  citizen  of  the  United  States,  and  every  citi- 
zen of  every  state  of  the  United  States,  who  shall  have  resided  in  any 
state  thereof  for  one  year,  shall  be  a  citizen  of  the  state  in  which  he  has 
so  resided. 

ARTICLE  II. — That  every  male  citizen  of  every  state  of  the  United 
States,  who  is  twenty-one  years  of  age,  of  sound  mind,  and  not  a  pauper 
nor  convicted  of  an  infamous  crime,  and  who  can  read  the  Constitution 
of  the  United  States  in  the  English  language,  and  write  his  name,  and 
shall  have  resided  in  the  state  of  which  he  is  a  citizen  for  one  year  imme- 
diately preceding  any  election  in  such  state,  shall  be  an  elector  of  all 
elective  officers,  or  legislators  chosen  at  such  elections ;  and  no  person 
shall  be  such  elector  unless  he  shall  have  the  above  qualifications.  But 
this  Article  shall  not  impair  or  affect  the  right  of  any  person  who.  at  the 
time  of  adopting  the  same,  shall  be  an  elector  in  any  state  by  the  laws 
thereof. 

ARTICLE  III. — After  the  census  to  be  taken  in  the  year  eighteen  hun- 
dred and  seventy,  and  each  succeeding  census,  representatives  shall  be 
apportioned  among  the  several  states  which  may  be  included  in  the 
United  States  of  America,  according  to  the  number  in  each  state  of 
electors  qualified  as  declared  in  the  preceding  Article  II,  and  direct  taxes 
shall  be  apportioned  among  the  several  states  according  to  the  value  of 
the  real  and  personal  taxable  property  situate  in  each  state,  not  belong- 
ing to  the  state  or  to  the  United  States. 

These  proposed  amendments  of  the  Constitution  were  printed  some 
weeks  since,  and  sent  to  prominent  members  of  both  Houses  of  Congress ; 


AND  COLLATERAL  REMINISCENCES.  385 

"SUFFRAGE    AND    REPRESENTATION. 

"  Judge  Foot  of  Geneva,  who  has  written  ably  and  acutely  on 
various  public  questions  which,  within  the  last  four  years,  have 
occupied  the  attention  of  the  country,  is  the  reputed  author  of  the 
following  plan  of  a  uniform  system  of  suffrage  throughout  the 
United  States,  in  connection  with  a  general  basis  of  represen- 
tation." 

I  wrote  a  full  article  in  explanation  and  vindication  of 
them,  which  was  published  by  the  Courier  the  following  week. 
It  is  No.  69  of  "  Papers  Written  by  me."  Copies  of  it  were 
printed  and  sent  to  the  members  of  Congress  of  both  Houses.* 

I  considered  it  my  duty  this  year  to  correct  the  injustice 
and  great  wrong,  which  I  happened  to  find  prevailed  in  this 

and  we  infer,  from  what  we  see  at  Washington,  that  the  plan  is  gaining 
favor.  It  rests  on  the  principles  of  equality  and  intelligence.  These  are 
the  true  basis  of  republicanism,  and  must  in  the  end  prevail.  We  can- 
not ask  the  South  to  give  colored  suffrage,  which  we  refuse  at  the  North. 
But,  when  we  offer  to  do  what  we  ask  them  to  do,  viz.,  to  give  the  ballot 
to  all,  North,  South,  East,  and  West,  without  distinction  of  race  or  color, 
who  can  read  and  write,  they  cannot  object.  This  plan,  too,  harmonizes 
the  institutions  of  the  country,  and  makes  education  the  great  object  to 
be  sought  by  all.  It  places  the  country  on  the  true  foundation,  upon 
which  alone  our  institutions  can  stand  and  endure. 

If  suffrage  is  made  the  basis  of  representation  in  Congress,  with  the 
only  qualification,  that  a  voter  must  be  a  male,  21  years  of  age,  suffrage 
will  be  run  into  the  ground,  and  ultimately  destroyed,  carrying  with  it 
our  institutions,  which  rest  upon  it.  For  every  state  being  anxious  to 
have  as  many  Representatives  in  Congress  and  votes  for  President  as  it 
can,  will,  to  obtain  that  object,  make  as  many  voters  as  it  can.  This  will 
create  a  strife  among  the  states  to  increase  voters,  and  the  consequence 
will  be,  that  everything  in  the  country,  or  which  may  come  into  it,  in 
the  shape  of  a  man,  21  years  of  age,  will  be  made  a  voter,  and  thus  so 
dilute  and  cheapen  suffrage,  as  to  render  it  valueless  and  odious,  and 
ultimately  destroy  it.  But  give  suffrage  the  educational  qualification 
above  set  forth,  then  it  may  safely  and  rightfully  be  made  the  basis  of 
representation. 

We  intend  to  advert  to  this  subject  hereafter,  and  give  our  views 
more  fully  upon  it.  We  are  persuaded  it  is  the  only  plan  which  can  suc- 
ceed.—  Geneva  Courier,  Wednesday,  March  21,  1866. 

*  See  Appendix. 
25 


386  AUTOBIOGRAPHY 

town  in  the  assessment  of  taxes.  The  subject  is  fully  pre- 
sented and  my  action  upon  it,  in  the  card  below  which  I 
wrote,  and  was  published  in  the  Courier  of  the  12th  of 
September : 

"  Having  reason  to  believe  that  my  motive  and  object  in  the 
measures  which  I  have  taken,  respecting  the  taxes  of  this  town,  are 
misunderstood  by  many  of  my  neighbors  and  fellow-townsmen,  I 
issue  this  card  to  set  the  matter  right. 

"  Having  always  regarded  it  as  one  of  the  first  duties  of  a  good 
citizen  to  contribute  his  just  share  of  the  expenses  of  the  govern- 
ment under  which  he  lives,  I  have  never  made  an  investment,  or 
done  any  act  to  withdraw  any  of  my  property  from  taxation,  and 
when  called  on  by  the  assessor,  have  always  given  the  full  amount 
of  my  personal  property  liable  to  taxation,  and  have  been  assessed 
and  taxed  accordingly,  and  have  never,  to  my  recollection,  looked 
at  an  assessment  roll  until  this  year.  But  this  year,  on  paying  my 
village  tax,  I  found  that  the  assessment  on  my  personal  property 
had  been  raised  from  $6,000  to  $7,500,  and  on  looking  at  the 
assessment  roll  of  the  town,  made  for  the  state,  county,  and  town 
tax,  found  a  like  increase  there,  notwithstanding  I  had  given  the 
assessor  $6,000  as  the  amount  of  my  personal  property  liable  to 
taxation.  This  induced  me  to  look  at  the  assessment  roll,  to  see 
if  the  same  rigid  course  had  been  adopted  as  to  others.  To  my 
surprise  I  found — First.  What  appeared  to  me  from  the  general 
information  I  had,  great  and  startling  inequalities,  in  the  assess- 
ments of  personal  property.  While  some  few  of  our  wealthy  citi- 
zens appeared  to  be  assessed  heavily  for  personal  property,  others, 
regarded  equally  wealthy,  were  assessed  nothing.  Second.  While 
all  mechanics,  laborers,  and  persons  of  small  property  were  on  the 
assessment  roll  for  all  they  had,  such  property  being  open  to  view, 
the  large  estates  of  the  town,  consisting  generally  of  personal 
property,  being  invested  in  various  ways  and  out  of  view,  were  not 
on  the  assessment  roll.  And  thus  the  burthens  of  taxation  fall  in 
most  undue  proportion  upon  those  least  able  to  bear  them. 

"  Taxes  now  being  heavy,  and  a  heavy  burthen,  especially  upon 
the  laboring  classes,  this  flagrant  injustice  to  them  and  to  those 
who  are  assessed  to  the  full  amount  of  their  personal  property, 
my  sense  of  justice,  induced  me  to  consider  the  matter, 


AND  COLLATERAL  REMINISCENCES.  387 

examine  the  tax  laws,  and  ascertain  if  there  was  a  remedy  under 
the  laws  as  they  now  stood,  and  brought  me  to  a  conclusion  that 
there  was,  and  that  it  was  my  duty  to  my  neighbors,  especially 
those  less  able  than  myself  to  protect  themselves,  to  pursue  that 
remedy ;  not  with  the  expectation  that  the  injustice  of  the  assess- 
ment this  year  can  be  fully  corrected,  but  that  hereafter  tax -pay- 
ers, knowing  their  rights,  may  assert  them. 

"  It  is  obvious  that  the  underassessment  of  one  tax-payer  is 
just  as  great  a  wrong  to  another  tax-payer  as  an  over-assessment 
of  the  latter.  Hence  a  remedy  to  the  injustice  mentioned  can 
only  be  sought  by  complaining  of  the  under-assessment  of 
those  tax-payers  not  assessed  on  their  property  liable  to  assess- 
ment. 

"To  prevent  all  pretence  of  personalities  and  disrespect  to 
individuals,  complaints  were  entered  for  under-assessing  three  of 
our  most  prominent  citizens,  holding  official  positions,  the  owners 
of  three  of  the  largest  estates  in  town,  and  two  of  our  most  active 
and  wealthy  business  men. 

"SAMUEL  A.  FOOT. 

"  Geneva,  Sept.  9th,  1866." 

My  views  of  the  law  and  the  correctness  of  my  action  in 
the  matter  were  fully  sustained  by  the  Supreme  Court  of  this 
district.* 

*  We  publish  below  an  interesting  and  important  decision  of  Judge 
E.  Darwin  Smith,  lately  made  at  Special  Term,  on  the  complaints  of 
Judge  Foot,  of  our  village,  against  the  assessment  roll  of  our  town,  be- 
cause men  of  acknowledged  wealth  were  assessed  nothing  for  persoixal 
property,  and  others  under-assessed  for  the  same  property. 

The  opinion  fully  sustains  Judge  Foot's  views  of  the  law,  and  estab- 
lishes the  right  of  a  tax-payer  to  object  to  the  assessment  roll,  because 
other  tax-payers  are  either  assessed  nothing  or  are  under-assessed  for  real 
or  personal  property. 

Judge  Smith  further  decides,  that  the  decision  of  the  assessors  on  the 
objections  and  complaints  of  a  tax-payer  is  final,  and  that  an  appeal  from 
their  decision  does  not  lie  to  the  Board  of  Supervisors  as  the  law  now 
stands.  In  this  particular  we  think  the  law  ought  to  be  amended,  so  as 
to  give  an  appeal  to  the  Board  of  Supervisors,  that  the  errors  of  the 
assessors,  if  any  are  committed,  may  be  corrected  : 


388  AUTOBIOGRAPHY 

My  time  at  Geneva,  this  year,  was  employed  as  it  generally 
had  been  in  previous  years,  with  only  one  material  difference. 
The  writing  of  this  biography  had  been  suspended  for  more 


SUPREME  COURT — THE  PEOPLE  ex  rel.  SAM'L  A.  FOOT,  vs.  THE  BOARD 
OP  SUPERVISORS  OF  ONTARIO  COUNTY.  Monroe  County  Special 
Term,  November,  1866.  SMITH,  Justice.  Motion  for  Mandamus. 

Folger  &  Mason  for  Relator,  T.  R.  Strong  for  Respondent. 
By  the  Court— E.  Darwin  Smith,  J. : 

If  this  application  were  for  a  mandamus  to  the  Assessors  of  the  Town 
of  Seneca,  to  require  them  to  proceed  to  hear,  consider,  and  determine 
the  complaint  of  the  relator  in  respect  to  the  omission  of  the  said 
assessors  to  assess  the  several  persons  named  in  his  affidavit  for  the 
respective  amounts  of  personal  property  specified  therein  as  represented 
by  him  to  the  said  assessors,  and  such  application  was  made  while  the 
assessment  roll  was  still  in  the  hands  of  the  said  assessors,  it  would  have 
presented  a  very  dinerent  question  from  the  one  now  presented  to  the 
court. 

The  affidavit  of  the  relator  states,  that  he  represented  and  stated  to 
said  assessors,  and  complained  of  it  as  a  grievance  to  him  as  a  tax-payer 
of  said  town,  that  the  said  assessors  had  omitted  to  insert  or  include  in 
the  assessment  roll  prepared  by  them,  about  the  amount  of  $300,000  of 
personal  property  liable  to  taxation  in  said  town.  I  have  no  doubt  that 
this  was  a  grievance  of  which  any  tax-payer  of  said  town  had  a  right  to 
complain,  and  that  if  the  representation  were  true,  that  it  was  an  error 
which  the  assessors  might  then  have  corrected,  and  which  it  was  their 
duty  to  rectify  as  much  as  if  they  had  omitted  by  mistake  the  names  of  a 
portion  of  the  tax-payers  of  said  town  to  the  same  amount. 

The  assessment  roll  was  a  mere  preparatory  or  provisional  roll,  and 
subject  to  any  amendment  or  alteration  which  the  assessors  deemed  just 
and  proper  while  it  remained  in  their  hands,  and  before  it  was  delivered 
as  completed  to  the  Supervisor  of  the  town.  It  was  a  mistake,  I  think, 
on  the  part  of  the  assessors  to  decide  that  they  had  no  authority  to  hear 
and  determine  the  said  complaint  of  the  relator  so  made  to  them. 

The  law  required  them  to  give  notice  that  a  copy  of  such  roll  was  left 
with  one  of  their  number,  where  the  same  might  be  seen  and  examined 
by  any  person  interested,  until  the  third  Tuesday  of  August,  and  that  on 
that  day  the  said  assessors  would  meet  at  a  time  and  place,  also  therein 
specified,  to  review  their  assessments. 

On  the  application  of  any  person  conceiving  himself  aggrieved,  it  was 
their  duty  on  such  day  and  place  to  meet  and  "  hear  and  examine  aU 


AND  COLLATERAL  REMINISCENCES.  389 

than  a  year,  in  consequence  of  doubts  in  my  mind,  in  regard 
to  the  advantage  it  would  be  to  my  children  and  grandchil- 
dren. But  after  mature  deliberation,  I  determined  to  pro- 
ceed with  it,  and  on  the  28th  of  November  made  the  following 
entry  in  my  diary  :  "  I  have  determined  this  morning  to  pro- 
ceed with  and  complete  my  autobiography  for  my  children." 
From  that  time  forward  I  devoted  considerable  of  my  time  at 
Geneva  to  that  object.  Only  two  (Jays  this  year  were  given 
to  recreation  away  from  Geneva.  They  were  the  16th  and 
17th  days  of  August,  which  were  spent  in  going  to  Sodus  Bay 
to  fish  with  my  daughter  Euphemia  and  my  sons  Lawrence, 
Robert  E.,  and  William. 

This  year,  like  the  two  preceding,  was  marked  by  family 
incidents,  some  of  which  were  of  deep  interest. 

At  the  beginning  of  the  year  I  was  ordained  an  elder  in 
our  church,  having,  a  few  weeks  previously,  been  re-elected 
against  my  expressed  wish  and  opinion.  Having  been  re- 
elected  biennially  for  a  number  of  successive  years,  I  con- 

complaints,  in  relation  to  such  assessments,  that  may  be  brought  before 
them." 

This  meeting  was  to  review  their  assessments,  and  to  hear  and  examine 
all  complaints  in  relation  to  such  assessments. 

This  right  of  review  is  not,  I  think,  limited  by  the  act  to  so  simple  a 
correction  as  amendment  of  the  assessment  roll  "  on  the  application  of 
any  person  considering  himself  aggrieved  thereby,"  to  the  particular 
assessment  of  the  person  making  such  complaint,  as  was  the  case  before 
the  statute  was  amended  in  1857.  I  think  any  tax-payer  may  complain 
of  any  injustice,  inequality,  and  unfairness  in  the  assessment  roll,  and 
that  it  is  the  duty  of  the  assessors  to  consider,  hear,  and  determine  such 
complaint.  But  their  decision  is  final  and  conclusive  on  such  questions, 
and  it  is  for  them  to  determine  how  much  justice  or  merit  there  is  in  any 
complaint  so  made  to  them. 

In  this  particular,  therefore,  I  think  the  assessors  erred  in  deciding 
that  they  had  no  power  to  hear  and  determine  the  complaints  of  the 
relator. 

But  their  decision  upon  this  question  cannot  be  reviewed  by  the 
Board  of  Supervisors. 

A  copy :   V.  M.  SMITH,  Clerk. 

— Geneva  Courier,  Wednesday,  November  28th,  1866. 


390  AUTOBIOGRAPHY 

sidered  it  contrary  to  the  polity  of  our  church,  which 
contemplates  biennial  changes  in  the  consistory,  to  hold  the 
office  any  longer.  Being  strongly  urged,  I  consented  to  hold 
it  for  another  term,  with  the  understanding  that  at  the  end 
of  that  I  was  not  to  he  re-elected. 

My  co-elder  and  friend,  Wm.  N.  Clark,  having  been  dis- 
abled by  sickness,  and  being  more  at  home  than  I  had  been 
in  former  years,  I  took  his  Bible  class  in  the  Sunday-school, 
and  instructed  it  for  several  months  ;  but  my  imperfect  hear- 
ing obliged  me  to  relinquish  this  pleasant  duty. 

Thomas  was  quite  sick  at  Beloit  for  several  weeks  in  the 
winter  of  this  year,  and  he  and  Robert  E.  came  home  in  the 
forepart  of  February.  With  my  approval  they  did  not  return, 
and  concluded  to  complete  their  college  course  in  Hobart  Col- 
lege of  this  village.  They  entered  it  on  the  1st  of  March, 
Robert  E.  as  junior,  and  Thomas  as  sophomore. 

On  the  18th  of  March  an  event  of  deep  interest  occurred. 
Four  of  my  children  united  with  our  church — Robert  E.  on 
certificate,  William,  Jane,  Eliza  Campbell,  and  Catherine  on 
confession.  The  conversion  of  these  four  youngest  of  our  chil- 
dren was  clearly  a  thorough  work  of  grace  wrought  in  their 
young  hearts  by  the  Holy  Spirit.  Your  mother  and  I  were  . 
profoundly  grateful  to  our  Heavenly  Father,  for  bringing 
these  young  lambs  into  the  Saviour's  fold. 

On  the  voyage  from  New  York  to  Aspinwall,  near  the  close 
of  the  last  year,  Alfred  was  attacked  with  hemorrhage  from 
the  lungs,  which  greatly  reduced  him.  He,  however,  recovered 
sufficiently  to  continue  with  his  regiment  to  San  Francisco, 
and  from  there  to  Dum  Barracks  on  their  way  to  Arizona  ; 
but  he  was  too  feeble  to  go  farther,  and  was  placed  on  light 
duty  there.  •  He  had  another  severe  hemorrhage  near  the  last 
of  March,  from  which  it  was  thought  he  could  not  recover. 
He  did,  however,  sufficiently  to  obey  an  order,  issued  the  1st 
of  May,  directing  him  to  appear  before  the  Retiring  Board  at 
Philadelphia,  Pa.,  for  examination.  He  and  his  wife  arrived 
at  Mullrose  on  the  22d  of  July,  with  his  health  greatly  im- 
proved. They  remained  with  us  several  days,  and  then  went 


AND  COLLATERAL  REMINISCENCES.  391 

to  Harrisburg,  Pa.  He  appeared  before  the  Eetiring  Board, 
was  examined,  and  on  the  5th  of  November  retired  from  active 
service.  His  health  continued  to  improve,  and  to  such  a 
degree,  that  at  the  close  of  the  year  he  regarded  himself  as 
quite  well ;  yet  was  unfit  for  active  service,  by  reason  of  his 
imperfect  arm  and  weak  leg. 

On  the  12th  of  May  Mary  gave  birth  to  a  well-formed, 
promising  boy.  He  was  baptized  on  the  21st  of  October  and 
named  Edmund  Wilson  Koberts.  Your  mother  and  I  were 
present  at  the  baptism,  and  I,  at  the  request  of  the  parents  of 
the  child,  accepted  the  position  of  godfather,  in  accordance 
with  the  Episcopal  form.  Your  mother  and  I  met  at  Harris- 
burg  on  this  occasion,  she  direct  from  home,  and  I  on  my  way 
home  from  New  York. 

About  the  middle  of  August  some  occurrences  led  Eobert 
E.  to  propose  starting  out  in  life  for  himself.  I  acceded  to 
the  proposal,  regarding  it  as  likely  to  prove  beneficial  to  him. 
It  was  arranged  that  he  should  leave  home  on  the  1st  of  Sep- 
tember, which  he  did,  and  went  to  Harrisburg  and  assisted  his 
brother-in-law,  Dr.  Roberts,  in  his  office  and  business  ;  but  not 
liking  the  profession  of  medicine,  and  determined  to  become  a 
lawyer,  he  went  to  New  York  in  October  and  entered  the  office 
of  Messrs.  Scudder  &  Carter. 

Euphemia  passed  the  winter  with  her  uncle  and  aunt 
Clark  in  the  city,  visited  her  sister  Mary  in  May,  and  in  Sep- 
tember engaged  herself  in  marriage  to  Worthington  Whit- 
tredge.  On  the  29th  of  that  month  he  asked  the  consent  of 
her  parents  to  their  marriage.  Your  mother  and  I  freely  gave 
it. 

Alfred's  wife  presented  him  with  a  well-formed,  healthy 
son  on  the  24th  of  October,  to  whom  they  gave  my  name, 
Samuel  Alfred. 

Lawrence  remained  this  year  in  New  York.  George  in  Mr. 
Dunning's  establishment  till  September,  when  he  withdrew, 
not  liking  the  business,  and  went  to  Dr.  Reed's  school.  Wil- 
liam continued  at  Dr.  Reed's  school,  and  our  three  youngest 
daughters  at  school  in  Geneva. 


392  AUTOBIOGRAPHY 

A  few  extracts  from  my  diary  will  show  my  continued 
trust  in  my  Heavenly  Father  and  my  gratitude  for  his 
favors  : 

Monday,  March  19th.  The  day  after  my  four  youngest  chil- 
dren joined  the  church. — "  Gracious  God,  I  record  my  thanks  for 
calling  so  many  of  my  children  into  the  fold  of  the  Lamb." 

Saturday,  September  1st.  The  day  Robert  E.  left  home  to 
commence  life  for  himself. — "  To  thee,  0  God,  do  I  commit  him — 
watch  over  him,  I  entreat  thee — fill  him  with  thy  Spirit — give  him 
success  in  life — make  him  a  useful  citizen — an  active  and  exem- 
plary member  of  thy  church  on  earth,  and  a  blessing  to  his 
family.  I  ask  all  for  Christ's  sake." 

Saturday,  December  15th. — "This  is  the  birthday  of  my  very 
dear,  dutiful,  and  affectionate  wife.  She  is  to-day  fifty-eight  years 
old— in  good  health,  with  the  full  use  of  all  her  faculties,  and  with 
the  same  figure  she  had  when  we  were  married.  For  this  dear 
companion  and  her  spared  life,  gracious  God,  I  thank  thee.  Take 
her  not  from  me,  I  entreat  thee,  for  Christ's  sake." 

An  infinitely  wise,  beneficent,  and  merciful  God  did  not 
grant  this  last  petition.  This  was  her  last  birthday  on  earth. 
The  history  of  the  next  year  will  show  what  an  unspeakable 
bereavement  was  brought  on  me  and  my  children. 


1867. 

This  year  opened  as  previous  years  had,  with  fair  prospects 
of  life,  health,  and  happiness  for  me,  my  companion,  and  our 
children.  I  left  home  on  the  3d  of  January,  to  fulfill  profes- 
sional engagements  in  the  city  and  at  Albany,  which  detained 
me  till  the  21st  of  that  month,  when  I  returned  home  and 
found  my  family  well  and  happy.  In  my  diary  of  the  next  day, 
after  giving  an  account  of  my  journey  to  and  from  the  city, 
and  of  the  manner  of  passing  my  time  while  there,  I  add  a 
record  of  thanks,  like  those  usually  made  when  returning  home 
under  similar  circumstances,  as  follows  :  "  Thus,  gracious  God, 
thou  hast  answered  my  prayer — kept  me  and  mine  safely  dur- 


AND  COLLATERAL  REMINISCENCES.  393 

ing  our  separation,  and  permitted  us  to  meet  again  happily 
and  safely.  I  thank  thee,  and  entreat  thy  continued  favor,  for 
Christ's  sake/' 

My  usual  duties  at  home  were  resumed,  and  our  days  were 
passing  pleasantly.  On  Monday  afternoon  the  28th  of  Janu- 
ary, the  sleighing  being  good,  your  mother  and  I  took  a  ride 
in  the  single  sleigh.  After  some  errands  in  the  village,  we 
rode  a  few  miles,  both  of  us  well,  happy,  and  cheerful.  Pass- 
ing, on  our  way  homeward,  the  residence  of  our  neighbors  and 
friends,  Mr.  and  Mrs.  Wm.  N.  Clark,  we  called  to  see  them. 
While  conversing  with  them,  your  mother  said,  "  I  feel  ill," 
and  shortly  afterwards  added,  in  a  more  earnest  tone  of  voice, 
"  I  am  very  ill."  I  was  sitting  near  her,  and  asked  her  if  she 
was  faint.  She  answered  by  a  single  word,  "  Paralysis  ; "  and 
this  was  the  last  word  she  ever  spoke.  Medical  aid  was  imme- 
diately obtained.  We  took  her  home.  Though  unable  to 
speak,  she  continued  conscious  till  about  12  o'clock  that  night, 
when  she  became  unconscious,  and  remained  so  till  10  o'clock 
on  Wednesday  evening  following,  when  she  expired. 

To  this  account*  of  her  sickness  and  death,  I  add  in  my 
diary  of  the  next  day  (31st  of  January)  the  following  : 

"  Thus  has  closed  a  life  of  considerable  length  (she  was  fifty- 
eight  last  December),  and  of  great  excellence  and  usefulness.  She 
has  borne  fourteen  children,  all  healthy  and  without  physical  or 
mental  defects.  One  was  accidentally  drowned  when  two  and  one- 
half  years  old.  The  others  we  have  been  permitted  to  raise.  The 
youngest  is  now  in  her  fifteenth  year.  Mrs.  Foot  has  been  a  most 
watchful,  faithful,  and  prayerful  mother,  and  under  God,  the 
instrument  of  raising  this  large  family  of  children.  She  has  been 
an  unpretending,  yet  earnest  and  active  Christian.  She  loved  and 
trusted  in  her  Eedeemer,  and  her  spirit,  I  feel  certain,  now  rests  in 
the  bosom  of  her  God.  Her  death  is  a  heavy  bereavement  to  me. 
Enjoying  as  she  did  good  health,  and  being  my  junior  by  eighteen 
years,  I  looked  forward  with  certainty  to  enjoying  her  companion- 
ship and  care  till  the  grave  received  me ;  but  an  infinitely  good 
God,  for  his  own  wise  purposes,  has  ordered  otherwise,  and  I  am 


394  AUTOBIOGRAPHY 

left  alone  to  complete  our  joint  work  of  educating  our  younger 
children.    I  pray  that  He  will  spare  me  till  that  work  is  finished. 

'•  And  now,  gracious  God,  I  record  my  heartfelt  thanks  to  thee 
for  giving  me  this  truly  dear  companion,  and  sparing  her  life  so 
many  years  to  me.  Oh,  may  I  be  prepared  and  allowed  to  join 
her  in  thine  own  good  time,  in  those  mansions  of  rest,  thou  hast 
provided  for  those  who  love  and  trust  in  the  Redeemer." 

On  Sunday  afternoon,  the  3d  of  February,  after  prayers  by 
our  pastor  at  the  house,  the  remains  of  your  dear  mother  were 
taken  to  our  church,  where  hymns  were  sung,  prayer  offered, 
portions  of  Scripture  read,  and  a  brief  and  appropriate  address 
delivered  by  our  pastor.  The  remains  were  then  taken  to  the 
cemetery  and  interred  by  the  side  of  her  sons. 

All  the  children  were  present ;  also  Mr.  Whittredge,  your 
uncle  and  aunt  Clark,  and  your  uncles  John  and  George  W. 
Campbell. 

Your  mother  was  universally  loved  and  respected.  The 
church  was  filled  with  our  neighbors  and  friends,  and  a  large 
concourse  followed  the  remains  to  the  grave. 

A  friend,  not  a  relative,  who  knew  your  mother  well,  wrote 
and  published  in  "  The  Geneva  Gazette  "  of  the  1st  of  Feb- 
ruary, the  following  tribute  to  her  memory  : 

"  Our  whole  community  was  startled  last  Tuesday  evening  by 
the  report  that  Mrs.  Foot  had  been  stricken  down  by  paralysis. 
The  interest  was  universally  felt ;  and  now  that  the  blow  has  ter- 
minated in  death,  it  is  hardly  extravagant  to  describe  the  general 
grief  in  words  like  those  of  the  prophet:  it  seems  that  there  is 
not  a  house  in  which  there  is  not  one  dead. 

"  The  memory  of  this  noble  and  lovely  woman  is  associated 
with  all  that,  in  the  range  of  female  influence,  is  refined,  ele- 
vating, and  beneficent.  Placed  by  character  and  social  relation- 
ships in  a  high  position,  there  is  no  one  of  us  who  can  recall  any 
event  or  action  of  her  life  which  was  not  fully  in  harmony  with 
the  obligations  which  this  position  imposed.  We  look  back  upon 
her  long  abiding  amongst  us  with  unmingled  satisfaction,  grati- 
tude, and  pride.  Her  house  was  the  centre  of  a  generous,  grace- 
ful, and  refining  hospitality.  Her  heart  and  hand  were  ever  open 


AND  COLLATERAL  REMINISCENCES.  395 

to  the  calls  of  charity.  Her  stately,  dignified,  yet  simple  and 
genial  manners  won  the  love  and  admiration,  and  formed  a  most 
attractive  model  for  the  imitation  of  the  young.  But  most  and 
noblest  of  all,  the  energy  of  a  strong  will,  and  a  vigorous  and  culti- 
vated understanding,  all  the  gentle  and  winning  graces  of  the 
woman,  and  all  the  circumstances  of  prosperity  and  station,  were 
consecrated  to  the  glory  of  Him  who  gave  them.  '  Death  came  up 
into  her  windows,'  and  sorrow  in  its  most  trying  forms  varied  the 
general  tranquil  tenor  of  her  life ;  but  amid  all  its  mutations,  she 
maintained  the  uniform  serenity  and  impressive  resignation  which 
can  result  only  from  Christian  discipline,  confidence,  and  hope. 

Those  who  were  most  intimate  with  the  life  of  Mrs.  Foot  look 
back  with  most  respect  and  admiration  to  the  manner  in  which 
she  discharged  her  arduous  and  multiform  domestic  duties.  The 
high  professional  and  judicial  position  of  her  distinguished  hus- 
band called  him  much  to  places  far  away  from  home,  and  the 
cares  of  a  numerous  family,  the  duties  of  a  liberal  hospitality,  and 
the  oversight  of  a  large  domestic  establishment  were  thrown 
entirely  on  her,  who,  by  her  wisdom,  firmness,  and  energy,  was 
fully  adequate  to  encounter  all  the  responsibilities.  She  was,  in 
all  her  relations,  a  noble  model  of  a  Christian  lady.  Her  memory 
will  be  dearly  cherished  by  friends  and  associates  who  have  known 
and  lived  near  her,  and  here  and  elsewhere  will  bless  God  that  he 
has  permitted  her  to  dwell  upon  the  earth.  They  sympathize  with 
her  venerable  husband,  and  her  bereaved  children,  as  if  they 
belonged  to  the  same  household. 

"Geneva,  Jan.  31,  1867.  R." 

The  Christian  Intelligencer  of  the  14th  of  February  contained 
the  following  notice  of  her  death  and  funeral : 

" '  The  Lord  gave  and  the  Lord  hath  taken  away.'  May  those 
so  severely  afflicted  by  this  sad  dispensation,  by  the  grace  of  God, 
say,  '  Blessed  be  the  name  of  the  Lord."  Mrs.  Foot,  wife  of  Hon. 
Samuel  A.  Foot,  of  Geneva,  K  Y.,  and  daughter  of  the  late 
Samuel  Campbell,  of  New  York  city,  fell  asleep  in  Jesus,  Wednes- 
day, January  30th.  having  been  stricken  down  with  paralysis  on 
the  previous  Monday.  One  who  had  known  her  long  and  well, 
thus  wrote  of  her  on  Thursday,  January  31st,  for  one  of  the  vil- 
lage papers : "  (Then  followed  the  article  from  the  Gazette.) 


396  AUTOBIOGRAPHY 

"  The  funeral  was  attended  at  the  Keformed  Dutch  church  of 
this  village,  on  the  Sabbath,  and  a  vast  concourse  of  sympathizing 
friends  met  in  the  house  of  God  to  mourn  with  the  large  family 
of  bereaved  and  sorrowing  ones.  The  husband  and  all  the  chil- 
dren were  able  to  be  present.  The  services  were  exceedingly 
solemn  and  impressive.  The  aim  of  the  pastor  of  the  deceased 
seemed  to  be  to  impress  the  living  rather  than  to  praise  the 
dead. 

"  In  his  short  address,  which  occupied  less  than  ten  minutes, 
he  called  the  attention  of  the  audience  to  the  precious  promise  of 
our  Saviour :  '  Peace  I  leave  with  you,  my  peace  I  give  unto  you ; 
not  as  the  world  giveth  give  I  unto  you.' " 

"  The  promise  of  peace  as  a  gift,  and  as  a  Divine  gift,  was 
dwelt  upon,  and  thus  was  illustrated  the  truth,  that  what  Christ 
promises  and  so  freely  gives,  is  given  in  his  own  way.  'Not  as 
the  world  giveth  give  I  unto  you.'  '  Our  way,'  said  he,  '  would 
have  been  to  retain  for  many  years  one  so  much  beloved  and  so 
greatly  needed  in  her  family  and  to  the  church,  where  for  nearly 
twenty  years  she  had  been  so  useful,  and  in  the  community  in 
which  she  was  so  greatly  honored ;  but  G-od's  ways  are  higher  than 
our  ways.' 

"  Then  came  the  assurance,  that  in  this  Providence,  which  we 
cannot  comprehend,  there  is  a  blessing,  which,  through  the  teach- 
ing of  the  Holy  Ghost,  will  bring  an  abiding  peace  to  those  who 
open  their  hearts  to  receive  it.  An  affectionate  appeal  was  made  to 
all  Christians,  and  especially  to  Christian  mothers,  to  be  faithful,  so 
that  if  cut  down  and  taken  away  from  their  children,  there  might 
be  left  the  legacy  of  a  prayerful  life — a  '  life  hid  with  Christ  in  God.' 

"  The  services  of  last  Sabbath  afternoon  will  not  soon  be  forgot- 
ten in  Geneva.  May  the  Lord  sustain  His  stricken  servant,  for 
many  years  an  elder  in  the  Church  of  Christ,  and  spare  him  many 
years  to  watch  over  the  large  number  of  motherless  children.  We 
all  feel  that  we  have  lost  a  '  mother  in  Israel.'  The  pastor,  in  his 
sadness,  as  he  returned  from  the  grave,  remarked  that  he  felt  as 
though  he  had  buried  one  of  his  own  household.  This  is  the  pre- 
vailing sentiment  among  those  who  knew  the  deceased,  and  knew 
her  but  to  love  her.  God  grant  that  the  prayers  of  more  than 
thirty  years  of  her  active  Christian  life  may  yet  be  answered. 

"  Geneva,  K  Y.,  Feb.  6, 1867." 


AND  COLLATERAL  REMINISCENCES.  397 

Your  mother's  death  was  mourned  by  all  who  knew  her. 
I  received  a  large  number  of  letters  of  sympathy  and  condo- 
lence. Have  preserved  them  all,  and  in  all  of  them  the  loveliness 
and  excellence  of  her  life  and  character  are  portrayed  in  warm 
and  unqualified  language.  I  subjoin  two  of  them  from 
friends,  who  were  well  acquainted  with  your  mother.* 

*  NEWABK,  N.  J.,  February  7th,  1867. 
Hon.  SAMUEL  A.  FOOT. 

DEAR  SIR:— I  have  only  just  now  received  the  particulars  of  your 
sudden  bereavement.  The  utter  insufficiency  of  all  human  sympathy  at 
a  time  like  this,  has  caused  me  to  hesitate  about  addressing  you  on  the 
subject  of  your  great  sorrow.  But  it  is  more  to  relieve  my  own  heart 
than  with  the  expectation  of  affording  the  consolation,  which  must  come 
from  a  higher  source,  that  I  add  my  testimony  to  a  life  so  bright  and 
beautiful  as  that  of  your  departed  wife. 

The  sunshine  and  shadows  of  a  pastor's  life  come,  indeed,  from  winds 
above  the  atmosphere  of  ordinary  social  associations ;  but  then  God  hi 
his  mercy,  sometimes  vouchsafes  to  his  church  such  reflections  of  himself, 
as  seem  to  keep  up  the  steady  unflickering  flame  of  faith,  and  encourage 
the  hearts  of  his  servants  who  labor  in  holy  things.*  Now  that  I  look 
back  upon  the  years  during  which  it  was  my  privilege  to  minister  where 
Mrs.  Foot  worshipped,  I  recall  her  to  my  memory  as  among  the  cher- 
ished gifts  of  divine  grace,  to  manifest  not  only  the  loveliness  and  silent 
power  of  a  Christian  wife  and  mother,  but  also  the  mild,  yet  radiant, 
influence  of  a  child  of  light,  amidst  the  darkness  of  the  world — as  such 
she  still  lives  for  all  of  us,  who  hope  to  meet  her  in  another  and  brighter 
world.  Although  she  was  called  upon  to  fulfill  the  conditions  of  her 
profession  in  the  experience  of  tribulation,  yet  in  all  her  life,  as  I  remem- 
ber it,  she  cast  no  shadow  upon  her  Christian  faith.  Brighter  and 
brighter  to  the  perfect  day.  Her  day  of  departure  could  have  known  no 
darkness.  She  was  spared  the  lingering  pains  of  slow  decay,  and  trans- 
lated without  the  terrors  of  death  to  the  immortal  company  of  the 
redeemed  and  the  Redeemer.  She  has  gone  to  add  another  to  the  assem- 
bly that  awaits  us  in  the  home  that  is  gathering  in  one  after  another  of 
the  family  of  heaven.  To  you,  my  afflicted  brother,  there  must  ever  be 
the  consolation  that  others  may  not  share.  I  have  not  written  to  inter- 
meddle with  that.  I  rather  seek  to  embalm  in  my  own  memory  the 

*  Dr.  Abeel  was  pastor  of  the  Reformed  church  in  Geneva  for  several  years  after  we 
removed  to  that  village,  and  also  for  many  years  previously,  and  we  always  attended 
that  church  when  on  our  summer  visits  to  our  relatives,  Mr.  and  Mrs.  D.  L.  Clark. 

S.  A.  F. 


398  AUTOBIOGRAPHY 

There  were  characteristic  features  of  your  mother's  life, 
which  made  her  an  eminent  example  of  an  American,  Chris- 
tian, wife  and  mother. 

She  was  not  extravagant  or  ostentatious  in  anything — al- 
ways dressed  so  appropriately  as  not  to  excite  remark  for  super- 
fluity or  deficiency — was  always  ready,  willing,  and  desirous  to 
keep  our  expenses  within  our  income,  and  never  wished  an 


graces  of  a  character  which  has  cheered  me  in  past  trials,  and  throws  a 
gleam  upon  the  little  remnant  of  my  declining  days. 

With  the  assurance  of  a  deeper  sympathy  than  can  be  expressed  by 
words  for  you  and  your  bereaved  family, 

I  remain,  truly  yours, 

GUSTAVUS  ABEEL. 

NEW  YORK,  February  10th,  1867. 
MY  DEAR  JUDGE  FOOT. 

It  is  not  without  hesitation,  that  I  venture  to  intrude  into  the  sanctu- 
ary of  your  grief,  yet  I  cannot  forbear  expressing  my  own  sadness,  as 
well  as  sympathy,  in  your  sorrow.  You  have  great  cause  for  sorrow,  but 
I  hope  you  will  remember,  that  you  have  great  cause  for  gratitude  to 
God,  and  that  this  greatness  of  your  loss  is  owing  to  his  goodness ;  for 
if  he  had  not  blessed  you  with  such  an  inestimable  gift,  you  could  not 
now  have  to  deplore  such  a  loss.  May  this  consideration  help  to  make 
you  submissive  to  His  will  exercised  in  this  sore  dispensation. 

I  am  thankful  that  I  had  the  happiness  of  being  acquainted  with  Mrs. 
Foot.  As  long  as  I  retain  life,  I  shall  cherish,  with  the  liveliest  interest, 
my  recollection  of  her.  as  one  of  the  most  lovely  persons  I  have  ever 
known. 

Let  us  remember,  with  gratitude  to  God,  his  mercy  connected  with  her 
life  and  death.  He  spared  her  to  be  a  blessing  to  you  and  your  family, 
and  an  ornament  to  society,  for  many  years ;  and  when  the  Master  called 
for  her,  she  was  spared  a  long  and  withering  decline,  "  Like  a  morning 
dream  she  passed  in  light  away."  Death  to  her  is  a  past  event,  and  no 
longer  casts  its  dark  shadow  over  the  future,  or  fills  her  heart  with  hor- 
ror and  dismay.  She  is  now  where  there  will  be  no  sin,  no  fear,  no  care, 
no  sorrow,  but  perfect  peace  and  holiness,  and  immortal  youth  will  be, 
or  rather  is,  her  future  portion  forever. 

With  sincere  sympathy,  your  friend, 

MARSHALL  8.  BIDWELL. 

The  Hon.  SAMUEL  A.  FOOT. 


AND  COLLATERAL  REMINISCENCES.  399 

outlay  for  any  purpose,  and  especially  not  for  her  own  grati- 
fication, which  we  could  not  afford.  She  was  an  excellent 
housekeeper,  and  not  only  superintended  generally,  but  at- 
tended carefully  to  the  details  of  her  household  affairs,  and 
when  the  occasion  required,  applied  her  own  hands  to  the 
work.  She  knew  how,  and  could  direct  how,  every  culinary 
operation  should  be  performed. 

She  did  not  leave  her  children  to  the  care  of  nurses,  and 
seek  enjoyment  and  amusement  away  from  home.  She  was  a 
most  faithful  and  attentive  mother.  Her  care  of  her  children 
was  constant  and  unfaltering.  She  spent  large  portions  of 
each  day  with  them  in  the  nursery  and  play-house,  which  I 
had  erected  for  them,  and  in  walking  and  riding  with  them. 
She  allowed  no  favorable  opportunity  to  direct  their  thoughts 
heavenward  to  pass  unimproved. 

She  had  a  thorough  English  education,  and  wrote  readily, 
pleasantly,  and  in  a  beautiful  hand.  She  was  fond  of  reading, 
not  overwrought  novels  and  such  flashy  stuff,  but  books  which 
added  to  her  stock  of  useful  knowledge.  So  systematic  and 
orderly  was  she,  in  the  management  of  her  household,  that  she 
found  time  to  read  and  write,  and  give  instruction,  more  espe- 
cially religious  instruction,  to  our  children.  She  scarcely  ever 
failed  to  write  me  every  other  day,  and  sometimes  every  day, 
when  I  was  absent  from  home  beyond  a  few  days.  She  wrote 
her  sons,  when  away  from  home  at  school,  and  her  daugh- 
ters, when  absent  on  visits,  usually  once  a  fortnight  and  some- 
times oftener,  and  scarcely  ever  failed  in  her  letters  to  them,  to 
say  something,  and  oftentimes  a  great  deal,  to  direct  their 
thoughts  heavenward.  Nor  was  she  an  inattentive  corre- 
spondent with  relatives  and  friends. 

She  had  a  refined  and  highly  cultivated  musical  taste,  and 
a  melodious  and  clear  voice.  Her  talent  and  attainments  in 
music  were  not  used  merely  for  entertainment  and  enjoyment, 
but  were  exerted  to  turn  the  thoughts  and  feelings  of  her 
children  into  holy  and  heavenly  channels.  She  was  fond  of 
flowers,  and  bestowed  considerable  time  and  attention  upon 
their  cultivation.  She  knew  the  names  of  all  the  choice  ones, 


400  AUTOBIOGRAPHY 

and  had  quite  a  large  collection  for  an  amateur.  She  was 
gentle,  graceful,  and  dignified  in  her  manners,  always  calm 
and  considerate,  and  never  made  a  rude  and  unlady-like 
remark,  and  what  often  struck  me  as  remarkable,  amid  all  her 
varied  duties,  she  never  seemed  to  be  hurried,  but  to  have 
time  for  each. 

She  was  eminently  successful  in  the  management  and 
government  of  her  domestics.  We  had  so  large  a  family  of 
children,  that  we  were  obliged  to  employ  a  large  number  of 
domestics.  It  was  no  easy  task  to  preserve  order,  quiet,  and 
regularity  with  such  a  household,  yet  your  mother  did  it  with- 
out apparent  effort,  and  simply  by  observing  a  few  rules  for 
her  own  conduct : 

1.  She  treated  all  the  domestics  with  the  consideration  due 
to  them  in  their  positions,  and  was  careful  never  to  give  an 
unreasonable  order. 

2.  She  never  conversed  with  them  on  any  topics  except 
those  which  related  to  their  duties. 

3.  She  never  corrected  them  for  faults  at   the  time   the 
faults  occurred,  but  waited  till  calmness  succeeded  excite- 
ment. 

4.  She  never  employed  one  till  diligent  inquiry  established 
trustworthiness. 

5.  Never  dismissed  one  suddenly.    An  observance  of  these 
rules  avoided  all  difficulties  with  our  domestics,  and  enabled 
us  to  obtain  the  services  of  the  best  ones. 

Your  mother  always  declined  all  offices  of  Ladies'  Benevo- 
lent Societies,  and  all  public  demonstrations  of  charity, 
though  no  one  was  more  faithful  and  attentive  than  she,  to 
the  wants  of  the  poor  within  the  range  of  her  observation  and 
knowledge.  She  shrank  from  all  pretension  and  display.  Not 
only  her  feelings  and  sense  of  propriety,  but  the  well  con- 
sidered conclusions  of  her  judgment  led  her  to  limit  her  sphere 
of  duty  to  her  home,  family,  and  household.  Were  she  here, 
her  unwillingness  to  encounter  notoriety  would  doubtless  lead 
her  to  recoil  from  putting  in  print  this  account  of  her,  but  I 
think  I  could  persuade  her,  that  her  example  ought  not  to  die 


AND  COLLATERAL  REMINISCENCES.  401 

with  her,  and  that  a  record  of  it  should  be  preserved  for  the 
benefit  of  those  who  will  succeed  her  in  filling  spheres  of  duty 
like  hers. 

With  the  assistance  of  your  Aunt  Clark,  I  distributed  your 
mother's  wardrobe  among  her  daughters,  sisters,  and  nieces, 
and  erected  a  monument  over  her  grave.  This  was  completed 
under  my  superintendence  on  the  30th  of  August,  and  in  my 
diary  of  that  day  I  write :  "  On  coming  home  from  the  ceme- 
tery, and  feeling  this  was  the  last  duty  on  earth  to  my  dear 
companion,  it  seemed  to  me  as  if  I  was  thrown  again  on  the 
world  alone,  with  a  Avide  field  of  duty  and  effort  before  me  ;  but 
the  thought  of  my  advanced  age  showed  me,  that  the  limits 
of  this  field  were  narrow." 

After  your  brothers  John  and  Samuel  C.  were  taken  from 
your  mother  and  me,  and  they  had  joined  in  heaven,  as  we 
felt  sure  they  had,  our  dear  little  Eobert,  we  often  talked  of 
the  joy  of  meeting  and  recognizing  all  of  them  in  heaven.  In 
1863,  the  year  after  the  death  of  these,  our  eldest  sons,  my 
professional  brother  and  friend,  the  Hon.  Marshall  S.  Bidwell, 
and  I,  interchanged  some  letters,  and  among  other  topics,  ex- 
pressed our  views  respecting  the  recognition  of  loved  ones  in 
heaven.  He  had  thought  much  on  the  subject,  for  Mrs.  Bid- 
well,  one  of  the  loveliest  ladies  a  gracious  God  ever  gave  to  a 
husband  for  a  companion,  had  been  taken  from  him  by  death. 
He  gave  me  his  views  in  full  in  a  letter,*  which  your  mother 

*  NE-W  YOBK,  April  14th,  186a 

MY  DEAK  JUDGE  FOOT  : 

I  have  no  doubt  that  friends  will  recognize  each  other  in  a  future 
state.  This  is  to  be  inferred  from  the  instincts  and  affections  of  our 
nature,  and  it  is  implied  in  various  passages  in  the  Sacred  Scriptures — 
such  as  the  parable  (as  it  is  called)  of  the  rich  man  and  Lazarus,  the 
appearance  of  Moses  and  Elijah  in  a  form  capable  of  identification  on  the 
Mount  of  Transfiguration,  and  the  assurance  of  Paul,  intended  for  the 
comfort  of  bereaved  mourners  among  the  Thessalonians,  that  their 
departed  friends,  who  slept  in  Jesus,  God  would  bring  -with  Him — an 
assurance  which  would  give  no  comfort,  but  would  be  a  mockery,  if  they 
would  not  recognize  each  other  when  they  met. 

Such  a  recognition  involves  an  idea,  which  has  occupied  much  of  my 


402  AUTOBIOGRAPHY 

and  I  read  several  times,  and  often  spoke  of.     This  letter  has 
been  a  comfort  to  me,  as  it  contains  my  views  on  that  most 


thoughts  since  my  great  bereavement.  Our  departed  friends  remember 
us ;  they  have  not  forgotten,  will  not  forget  us — indeed,  their  recollection 
of  us  is  more  vivid  and  more  perfect  than  ours  can  be  of  them  here,  en- 
compassed with  infirmity.  In  that  state  there  will  be  no  infirmity,  no 
imperfection,  no  decay,  no  weariness,  no  weakness.  These  are  the  condi- 
tions and  attributes  of  mortality.  They  tend  to  death,  and  inevitably 
produce  it,  if  we  do  not,  by  food,  rest,  and  sleep,  counteract  their  constant 
tendency.  But  in  that  state,  death  is  unknown,  and  the  immortal  being 
need  not  to  have  his  strength  recruited  or  repaired.  There  will  be  no 
forgetfulness  there. 

It  is  probable  that  death  does  not  suspend,  for  an  instant,  thought  or 
consciousness,  but  that  the  soul  passes  into  the  other  world  without  the 
cessation  of  thought.  To  this  conclusion  reason  leads  us ;  and  it  may  be 
inferred  from  analogy.  In  our  present  state  knowledge  seems  often  to 
fade  away.  The  scenes  of  former  years  are  forgotten ;  but  we  know 
from  daily  experience,  that  although  dormant,  they  exist  in  our  minds. 
How  often  do  scenes  long  passed  away  revive  to  view !  Striking  exam- 
ples of  this  latent  power  of  memory  are  recorded  in  the  case  of  persons 
recovered  from  drowning.  They  have  had  aU  the  occurrences  of  their 
lives  presented  to  their  minds  as  suddenly  as  a  flash  of  lightning,  and 
spread  out  before  them  like  a  landscape.  This  is  a  faint  illustration  of 
the  experience  of  the  soul  after  death.  We  are  not  left,  however,  to 
reason  the  probability  on  the  subject.  Revelation  teaches  us  most  ex- 
plicitly and  most  emphatically,  that  every  one  must  give  account  to  God 
of  all  the  deeds  done  in  his  body,  and  that  we  are  to  answer  for  every 
idle  word,  and  for  every  sinful  thought  and  corrupt  inclination  of  the 
heart— an  account  which  we  could  not  render,  if  we  did  not  remember 
all  the  events,  thoughts,  and  feelings  of  our  lives. 

I  come  to  the  conclusion,  therefore,  without  a  doubt,  that  our  de- 
parted friends  remember  us,  and  will  not  cease  to  do  so.  Equally  am  I 
convinced,  that  in  a  state  of  perfect  felicity  and  blessedness,  their  affec- 
tion  for  us  remains  unabated  and  is  probably  more  intense  than  when 
they  were  with  us  in  the  flesh.  Conjugal,  paternal,  filial,  fraternal  affec- 
tions are  holy— are  enjoined  expressly  by  divine  authority.  The  soul 
will  not  lose  at  death  any  holy  affections.  Charity  (that  is,  love)  never 
fatteih,  I  think  we  have  the  most  solid  grounds  for  the  conviction,  that 
the  dear  ones  who  are  in  heaven  remember  us  with  the  tenderest  affec- 
tion. This  is  not  a  mere  wish,  a  mere  surmise,  a  mere  speculation,  a 
mere  sentiment,  but  it  is  a  conviction  of  my  understanding,  of  which  I 


AND  COLLATERAL  REMINISCENCES.  403 

interesting  subject,  and  which  I  had  entertained  for  many 
years,  and  were  first  impressively  presented  to  me  by  reading 
the  Eev.  Jonathan  Edwards'  Sermon,  delivered  in  December, 
1740,  on  the  text  from  Romans,  2  : 10,  "  But  glory,  honor, 
and  peace,  to  every  man  that  worketh  good." 

The  certainty  of  meeting  and  recognizing  in  heaven,  those 
near  and  dear  to  me  on  earth,  and  who  have  been  called  home 
before  me,  is  the  great  sustaining  power,  which  has  held  me 
up  under  the  many  bereavements,  and  this  last  deep  sorrow, 

am  as  sure  as  I  am  of  any  truth  that  rests  upon  reason  and  revelation. 
It  is  full  of  consolation  and  joy  to  my  heart.  It  seems  something  like 
calling  them  back  to  us.  It  improbable  also,  that  they  have  a  knowledge 
of  all  our  actions  and  feelings,  &c.  They  are  "  as  the  angels  in  heaven." 
There  is  joy  in  heaven,  there  is  joy  among  the  angels,  over  one  sinner 
that  repenteth.  Will  not  a  mother  in  heaven  have  knowledge  of  the 
repentance  of  her  son,  while  there  is  joy  in  heaven  over  his  repentance  ? 

"Are  not  all  angels  ministering  spirits,  sent  forth  to  minister  for 
them  who  shall  be  heirs  of  salvation?  "  May  not  the  spirits  of  the  just 
made  perfect,  who  are  as  the  angels  of  God,  be  permitted  to  share  in 
these  labors  of  love  for  those  dear  to  them  ? 

On  these  points  we  have  no  certain  information,  but  we  have  some 
grounds  to  think  it  probable,  that  our  sainted  friends  may  be  employed 
in  some  way  for  our  welfare  and  happiness. 

I  have  indulged  my  feelings  in  writing  to  you  thus  freely  on  topics, 
which  I  suppose  will  be  interesting  to  you  as  well  as  myself.  We  shall 
soon  know  these  matters  experimentally.  Now  we  see  through  a  glass 
darkly.  Still,  although  our  views  are  dark,  we  can  discover  heavenly 
things  through  the  gospel.  Without  it,  all  beyond  the  grave  is  im- 
penetrable darkness ;  for  there  is  none  other  name  under  heaven  given 
among  men  whereby  we  must  be  saved,  but  that  of  Jesus  Christ.  If 
Christianity  is  not  of  God,  we  are  all  without  hope. 
"  Let  reason  vainly  boast  her  power 

To  teach  her  children  how  to  die, 

The  sinner  in  a  dying  hour 

Needs  more  than  reason  can  supply, 

A  view  of  Christ,  the  sinner's  friend, 

Alone  can  cheer  him  in  the  end." 
***** 

Your  friend, 

MARSHALL  S.  BIDWELL. 
To  the  Hon.  SAMUEL  A.  FOOT. 


404  AUTOBIOGRAPHY 

which  an  infinitely  wise,  good,  and  merciful  God  has  brought 
upon  me,  not,  I  trust,  to  punish  me,  but  in  love  to  prepare  me 
for  His  presence,  which  I  hope  to  enjoy  forever  after  my  body 
is  laid  in  the  grave. 

Being  deprived  of  the  judicious  management  and  watchful 
care  of  your  mother  over  the  establishment  and  household,  I 
deemed  it  my  duty  to  be  absent  from  home  as  seldom  and  for 
as  short  a  time  as  possible.  I  did  not  allow  professional  busi- 
ness to  take  me  again  to  the  city  this  year.  I  went  to  Albany 
early  in  October  for  a  single  day,  and  argued  a  cause  in  the 
Court  of  Appeals — to  Kochester  for  a  couple  of  days  in  Sep- 
tember, to  argue  a  cause  in  the  Supreme  Court,  and  twice  to 
Canandaigua  in  September  and  October,  for  a  single  day  each 
time,  to  attend  to  some  business  before  the  Surrogate.  These 
were  all  my  absences  on  professional  business,  and  there  were 
but  two  others,  and  they  were  for  a  few  days  the  last  of  April 
and  first  of  May  in  the  city,  to  attend  to  some  individual  mat- 
ters, and  for  a  few  days  in  November  to  visit  my  children  in 
New  York  and  Harrisburg. 

Correspondence,  writing  my  biography,  and  domestic  mat- 
ters occupied  most  of  my  time  after  your  mother's  death.  I 
read  scarcely  anything  beside  the  daily  papers,  and  social 
duties  did  not  extend  much  beyond  attention  to  friends  who 
called,  except  for  a  few  days  in  June. 

The  General  Synod  of  our  church  held  a  session  in  this 
village  early  in  June,  which  continued  nine  days.  Kev.  Dr. 
and  Mrs.  Abeel  and  the  Rev.  C.  Van  Santwood  were  my 
guests  during  the  whole  session,  Judge  J.  Sanders  during  a 
part  of  it,  and  the  Rev.  Dr.  Isaac  Ferris  dined  daily  with  me. 
Besides  these  regular  guests,  from  three  to  five  members  of 
the  Synod,  on  my  invitation,  dined  daily  with  me.  These 
were  pleasant  days. 

I  was  a  member  of  the  Synod,  being  a  delegate  from  the 
Classis  of  Geneva.  A  veiy  interesting  subject  was  before  the 
Synod.  It  was  the  discarding  of  the  word  "  Dutch  "  from  the 
name  of  our  church.  I  was  strongly  in  favor  of  it,  and  spoke 
twice  upon  it.  The  measure  was  carried  by  a  strong  vote  and 


AM)  COLLATERAL  REMINISCENCES.  4f  ,5 

referred  to  Classes  for  their  action.  It  was  earnestly  discussed 
during  the  summer  in  the  Christian  Intelligencer,  our  denomi- 
national paper.  At  the  request  of  the  Rev.  Dr.  Porter,  the 
editor  of  the  Intelligencer,  I  wrote  an  article  on  the  subject 
in  the  form  of  a  letter  addressed  to  him,  which  was  published 
in  the  number  of  the  15th  of  August,  It  is  No.  70  of  "  Pa- 
pers Written  by  me." 

Some  family  incidents  of  interest  occurred  this  year. 

Alfred,  having  regained  his  health,  was  early  in  the  spring 
of  this  year  anxious  to  engage  in  some  business  to  aid  in  the 
support  of  himself  and  family,  and  with  that  view  to  come  to  the 
city  of  New  York  and  reside  in  it,  or  its  vicinity.  I  purchased 
a  small  comfortable  house  for  him  at  New  Rochelle.  He  and 
his  family  moved  into  it  in  May,  and  he  commenced  business 
as  an  insurance  broker  in  the  city.  But  the  weakness  of  his 
kft  limb  prevented  him  from  walking  as  much  as  this  busi- 
ness required,  and  he  had  to  give  it  up. 

Robert  E.  remained  in  the  city  this  year,  and  was  admit- 
ted! to  the  bar  in  April.  Thomas  continued  at  college  in 
Geneva. 

George  for  the  last  year  or  two  had  made  up  his  mind  to 
become  a  western  farmer.  As  he  had  now  attained  sufficient 
age  to  act  for  himself,  he  left  home,  with  my  approval,  on  the 
llth  of  March  for  Wisconsin,  and  entered  the  family  and  em- 
ployment of  an  acquaintance  of  his  brothers,  Robert  E.  and 
Thomas,  near  Beloit,  to  earn  his  own  living  and  learn  the 
business  of  farming  at  the  West. 

Lawrence  having  been  in  Wall  Street  long  enough  to  be- 
come thoroughly  acquainted  with  the  operations,  excitements, 
and  fluctuations  of  fortunes  of  brokers  and  bankers,  was 
unwilling  to  pass  his  life  amid  such  scenes,  and  wished  to 
lead  a  more  rational  and  quiet  life,  and  engage  in  some  safer 
and  less  exciting  pursuit.  He  wrote  me  early  in  April,  ex- 
pressing this  wish,  and  his  desire  to  go  West  and  engage  in 
some  business  suited  to  his  feelings  and  views.  He  asked  for 
one  thousand  dollars  and  my  approval  of  his  change  of  pur- 
suit. I  cordially  approved  of  the  change  and  furnished  the 


406  AUTOBIOGRAPHY 

money.  He  came  home  from  the  city,  and  after  passing  a  few 
days  at  Mullrose,  left  for  the  West  on  the  23d  day  of  April. 
He  located  at  Flora,  Clay  County,  Illinois,  and  commenced 
the  business  of  a  nurseryman.  I  was  in  the  city  when  he 
left  home. 

After  the  season  of  farming  was  over,  George  not  being 
able  to  find  a  place  for  the  winter  in  Wisconsin,  which  suited 
him,  joined  his  brother  at  Flora  and  found  employment  near 
him. 

Euphemia  and  Mr.  Whittredge  were  married  on  the  16th 
of  October,  and  left  Geneva  in  the  afternoon  on  their  wedding 
tour. 

William  entered  Hobart  College  in  September.  My 
youngest  daughters  continued  at  school  in  Geneva. 

In  November,  to  my  great  joy,  and  with  profound  grati- 
tude to  my  Heavenly  Father,  I  received  a  letter  from  Law- 
rence, dated  the  12th  of  that  month,  announcing  his 
conversion,  and  giving  an  account  of  the  great  change  which 
the  Spirit  of  God  had  wrought  in  his  heart.  The  letter  was 
entirely  satisfactory,  and  showed  me,  that  another  of  my  dear 
children  had  been  brought  into  the  fold  of  the  great  Shepherd 
and  sent  forward  on  the  narrow  way  that  leads  to  life  ever- 
lasting. 

A  few  extracts  from  my  diary,  in  addition  to  those  already 
given,  will  show  my  spiritual  state  under  the  great  bereave- 
ment I  had  sustained,  and  the  great  change  in  my  course  of 
life,  which  it  had  produced  : 

Monday,  February  4th.  After  giving  an  account  of  the 
funeral  on  the  Sabbath  previous,  and  of  the  manner  of  spending 
the  day. — "  0  God,  thou  hast  seen  fit  to  leave  me  to  discharge  one 
high  duty  of  a  parent,  viz.,  educate  the  children  thou  hast  given 
me.  Give  me  the  aid  of  thy  Spirit  to  rightly  discharge  this  duty, 
and  spare  my  life,  if  consistent  with  thy  holy  will,  till  it  be  accom- 
plished, and  even  longer  if  it  so  seemeth  good  to  thee.  I  ask  all 
for  Christ's  sake." 

Tuesday,  March  12th.     The  day  after  George  left  home.— 


AND  COLLATERAL  REMINISCENCES.  407 

"  Gracious  God,  I  commit  this  son  to  thy  holy  keeping — watch 
over  him,  and  do  more  and  better  for  him  than  I  can  think  or  ask." 
Monday,  August  19th.  After  stating  how  the  Sabbath  the  day 
before  was  spent. — "  We  had  communion.  I  enjoyed  it  greatly.  My 
God  and  Saviour  seemed  nearer  to  me,  and  the  latter  more  pre- 
cious than  ever.  Oh,  that  I  may  live  hereafter  in  close  commun- 
ion with  my  God,  and  that  my  Saviour  may  be  always  as  precious 
to  me  as  He  was  at  His  table  yesterday!" 


1868. 

The  beginning  of  this  year  found  me  at  home  with  my 
four  youngest  children,  yet  in  the  course  of  education,  and 
Thomas  in  his  senior  year  at  college.  A  year  had  nearly 
passed,  since  my  companion  was  taken  from  me,  and  the 
usages  of  society  demanded  some  change  in  the  manner  in 
which  I  had  passed  the  previous  year,  and  my  duty  required 
me  to  settle  on  a  plan  of  life  suited  to  my  position.  I  deter- 
mined to  make  no  change  in  my  hours  of  rising  and  retiring 
to  rest — nor  in  the  manner  of  occupying  my  mornings — nor  in 
the  hours  of  morning  and  evening  devotions — nor  in  the  man- 
ner of  spending  my  Sabbaths — to  resume  my  social  duties, 
though  not  to  entertain  to  the  same  extent  as  formerly — to 
withdraw  from  my  profession  as  far  as  I  justly  could — to  be 
absent  from  home  as  little  as  possible — to  spend  a  considerable 
portion  of  my  time  in  conversation  with  my  children,  and  join- 
ing in  their  amusements — and  to  correspond  freely  and  con- 
stantly with  my  absent  children,  and  thus  supply,  as  far  as  I 
could  in  this  respect,  the  place  of  their  mother,  who  seemed 
never  to  tire  in  writing  to  our  children. 

In  accordance  with  this  plan  of  life,  I  only  went  to  the 
city  once  this  year  on  professional  business,  and  then  only  for 
a  few  days,  at  the  earnest  solicitation  of  a  client  of  former 
years,  who  had  some  important  business,  which  he  wished 
clone  under  my  advice  and  supervision.  I  also  went  to  Canan- 
daigua  for  a  day  on  four  different  occasions,  to  complete  some 
business  before  the  Surrogate,  committed  to  my  charge  some 


408  AUTOBIOGRAPHY 

years  before.  I  gave  some  attention  occasionally  during  the 
year  at  home  to  professional  duties,  to  assist  my  sons  in 
the  city.  My  only  reading  of  consequence,  besides  the  daily 
papers,  was  Motley's  History  of  the  United  Netherlands.  My 
time  was  mainly  occupied  in  writing  this  biography — corre- 
spondence with  my  absent  children — conversation  and  joining 
in  amusements  with  those  at  home — domestic  matters,  and 
social  duties. 

I  made  several  short  visits  to  my  children  during  the  year 
— two  to  New  York,  one  in  January  and  the  other  in  Octo- 
ber, and  while  there  in  October,  went  to  Washington  for 
Alfred — one  in  April,  to  Harrisburg,  Pa.,  to  see  Mary,  and 
Jane  and  Eliza  C.,  who  were  there  making  Mary  a  visit — one 
in  April  to  Flora,  111.,  to  visit  Lawrence  and  George,  and  buy 
George  a  farm — and  one  to  New  Rochelle,  in  August,  to  see 
Alfred,  who  was  very  ill. 

I  discharged  no  public  duty  of  any  consequence  this  year. 
At  the  request  of  my  friend,  Dr.  Wilson,  I  attended  the  com- 
mencement dinner  of  the  college,  and  made  a  short  address. 
It  got  into  the  village  paper.*  I  also  presided  as  chairman  of 
a  political  meeting  held  in  the  village  in  September. 

*  As  our  report  of  Judge  Foot's  remarks  at  the  commencement  din- 
ner on  the  16th  instant  was  very  imperfect,  and  likely  to  place  the 
Judge  in  a  position  which  is  not  altogether  just  to  him  (although  noth- 
ing was  farther  from  our  thoughts  or  intention  than  to  do  him  any 
injustice),  we  have  taken  pains  to  get  a  better  and  more  correct  report, 
which  we  insert  below.  He  responded  to  the  following  toast : 

"  OUK  COUNTRY — Its  fathers  of  one  generation  form  the  character  of 
those  who  will  control  it  in  the  next." 

Dr.  Wilson,  acting  President,  in  calling  out  Judge  Foot  to  respond, 
said: 

In  calling  upon  Judge  Foot  to  respond  to  this  sentiment,  it  is  proper 
to  introduce  him  as  eminent  in  the  law  and  in  letters ;  one  who  has 
always  been  a  friend  and  patron  of  thorough  education — who  was  early 
connected  with  and  interested  in  our  college,  and  has  had  large  experi- 
ence in  training  young  men  for  his  own  profession.  He  has  also  been  a 
friend  to  his  country,  always  standing  firmly  by  the  Union  cause.  In 
the  hour  of  its  need  he  sent  five  of  his  sons  into  the  war — two  of  whom 


AND  COLLATERAL  REMINISCENCES.  409 

Thomas  graduated  in  July  and  went  to  the  city  early 
in  November,  and  joined  Robert  Ebenezer  in  the  practice  of 

now  sleep  in  honored  graves  as  its  result,  one  drags  out  the  life  of  an  in- 
valid, with  many  honorable  scars  about  him.  One  of  his  sons  graduated 
among  the  foremost  of  the  class  to-day,  and  still  another  we  hope  to  see 
doing  as  well  at  no  long  period  hence. 

I  have  the  honor  of  introducing  the  Hon.  Samuel  A.  Foot. 

Judge  Foot,  on  rising,  observed  that  before  responding  in  a  few  brief 
remarks  to  the  toast  which  had  been  announced,  he  felt  that  it  was  due 
to  the  memory  of  his  sons  who  had  yielded  up  their  lives  in  the  late  war, 
and  to  the  character  of  those  who  remained,  to  state  that  he  never  spoke 
a  word  to  either  of  them  to  induce  them  to  enter  the  public  service.  He 
neither  sent  them  to  the  army,  nor  tried  to  detain  them  from  it.  Their 
action  in  engaging  in  the  war  was  wholly  voluntary,  and  the  result  of 
their  own  views  of  duty.  Of  the  parental  training  which  they  had 
received,  and  which  had  given  them  right  views  of  their  duty  to  their 
country,  it  did  not  become  him  to  speak. 

The  toast,  "  OUR  COUNTRY — its  fathers  of  one  generation  form  the 
character  of  those  who  will  control  its  destinies  in  the  next,"  announces 
a  just  sentiment  and  an  impressive  thought.  The  fathers  of  this  genera- 
tion are  those  whose  age,  talents,  education,  and  position  give  them  a 
controlling  influence,  and  present  them  as  examples  to  the  youth  of  the 
country.  Among  them  are  especially  classed  the  officers  of  our  colleges 
and  seminaries  of  learning.  They  are  eminently  fathers  in  our  country, 
who  form  the  character  of  those  who  will  control  its  destinies  in  the  next 
generation.  Their  position  is  one  of  high  honor  and  great  responsibility. 
The  duties  of  the  fathers  of  this  generation  in  forming  the  character  of 
our  youth  is  a  fruitful  theme,  but  I  shall  only  suggest  a  thought  or  two, 
derived  from  long  observation  in  training  my  own  sons,  and  the  many 
young  men  who  have  received  their  professional  educations  in  my 
office. 

Long  talks  to  intelligent  youth  and  young  men  are  more  than  useless. 
A  few  words,  or  a  single  word,  fitly  and  seasonably  spoken,  is  the  true 
way  to  reach  the  young  heart  and  mind.  But  on  the  old  adage — that 
"  Actions  speak  louder  than  words,"  example  is  the  effective  means  of 
forming  the  character  of  the  young.  The  true  point  for  the  fathers  to 
begin  in  the  high  duty,  is  to  see  that  their  own  minds  and  hearts  are  all 
right,  so  that  their  actions  and  words,  coming  from  a  pure  fountain,  shall 
be  right  also. 

I  cannot  in  this  connection  forbear  to  speak  of  the  high  qualities  of 
my  friend,  Dr.  Wilson,  as  pre-eminently  qualified  to  form  the  character 


410  AUTOBIOGRAPHY 

law.  I  let  them  have  my  law  library,  and  Thomas  took  it  to 
the  city  when  he  went. 

The  parting  with  this  library  required  an  effort.  I  had 
spent  days  and  nights  in  it  for  years.  Although  quite  large 
for  a  private  library,  I  knew  every  book  in  it  and  the  place 
where  it  stood.  It  had  made  me  professionally  all  I  was.  It 
had  enabled  me  to  support  respectably  myself  and  family,  to 
educate  my  children,  and  to  lay  aside  a  competency  for  old 
age.  But  why  should  I  keep  it,  when  my  professional  life 
was  ended,  and  when  my  sons  were  just  beginning  theirs  ?. 
The  true  answer  to  this  question  could  only  be  given — by  part- 
ing with  this  old  and  true  friend. 

Lawrence  and  George  united  this  fall  and  formed  a  co- 
partnership in  the  business  of  nurserymen. 

A  couple  of  extracts  from  my  diary  will  end  the  history  of 
this  year  : 

Wednesday,  November  4th.  The  day  Thomas  left  home  for  the 
city. — "  Gracious  God  I  commit  him  to  thee — watch  over,  protect 
and  bless  him ;  I  ask  it  for  Christ's  sake." 

of  our  youth.  His  ripe  scholarship  and  high  moral  and  religious  quali- 
ties are  known  to  all.  But  his  glowing  patriotism,  and  true  American 
heart,  may  not  be  so  well  known,  as  he  has  not  been  called  into  any 
sphere  of  action  to  exhibit  them.  To  me,  however,  they  are  well  known. 
During  the  fearful  years  of  our  late  war,  he  and  I  often  met,  and  passed 
many  hours  together.  We  never  separated  without  a  feeling  on  my  part 
of  increased  devotion  to  my  country.  It  gave  me  great  pleasure  to  assist 
him  in  the  requisite  investigations  which  resulted  in  his  pamphlet  on  the 
constitutional  right  to  forfeit  in  fee  the  real  estate  of  rebels,  and  which 
corrected  a  great  error  which  had  previously  prevailed  at  Washington 
and  elsewhere.  This  high  appreciation  of  the  character  of  the  acting 
President  of  the  college  mainly  induced  me  to  send  my  sons  to  it  for 
education. 

Judge  Foot  alluded  to  his  connection  with  the  college  in  the  early 
years  of  its  history,  mentioning  addresses  delivered  by  him  and  others 
before  the  Literary  Societies  many  years  ago,  and  of  collegiate  honors 
bestowed  upon  him  aad  them.  He  concluded  with  an  earnest  wish  for 
the  future  success  of  the  college. —  Geneva  Courier,  Wednesday,  July 
29th,  1868. 


AND  COLLATERAL  REMINISCENCES.  411 

Thursday,  December  31.  "  Thus  my  year  has  passed — not  as 
well  as  I  would  wish,  yet  I  hope  with  at  least  an  approximation  to 
the  standard  of  Christian  duty.  I  have  endeavored  to  do  my  duty, 
especially  to  my  children.  Gracious  God,  spare  me  for  another 
year,  if  consistent  with  thy  holy  will,  and  give  me  the  aid  of  thy 
Spirit  to  spend  it  rightly  and  usefully." 


1869. 

This  year  brought  death  and  sorrow  with  it. 

Last  summer  Alfred  had  a  return  of  hemorrhages,  and,  as 
I  mentioned  in  my  account  of  last  year,  was  very  ill  in 
August.  The  hemorrhages  ceased  after  a  few  weeks,  but  left 
him  feeble  and  with  a  cough.  He,  however,  so  far  recovered 
his  strength,  as  to  be  able  to  obey  an  order  from  the  War 
Department  of  the  25th  of  November,  to  repair  to  Richmond, 
Va.,  for  court-martial  duty.  He  passed  most  of  the  winter 
and  early  spring  at  Richmond.  His  wife  and  little  son  were 
with  him  the  latter  part  of  the  time.  The  climate  did  not 
agree  with  him,  and  he  became  very  ill.  He  wrote  me  on  the 
10th  of  April  as  follows  : 

"  The  Doctors  and  all  my  friends  think  I  am  unwise  to  remain 
here,  and  advise  me  to  go  home.  I  judge  from  this,  that  they  con- 
sider me  too  far  gone  for  any  climate  to  do  me  good.  I  think  so 
too,  and  as  I  am  past  recovery,  I  wish  to  pass  away  among  my 
family  and  friends.  I  am  very  weak,  and  can  only  sleep  two  or 
three  hours  at  night.  If  it  is  convenient  for  you,  I  propose  to  go 
to  Geneva." 

I  had  before  proposed  his  coming  home,  and  now  urged 
him  to  come  without  delay  and  bring  his  wife  and  child  with 
him.  They  arrived  on  the  16th  of  April. 

The  change,  the  comforts  of  home,  the  sympathy  and 
attention  of  those  who  loved  him,  cheered  him,  and  for  some 
weeks  he  seemed  to  improve  in  health,  but  after  that,  he 
gradually  failed,  till  Wednesday  the  1st  of  September,  when 
he  fell  asleep  in  Jesus.  He  was  prepared  for  death,  and  died 


412  AUTOBIOGRAPHY 

as  a  Christian  soldier  should.  He  had  his  mind  fully,  till  his 
last  breath  was  drawn.  His  death  was  calm  and  happy,  and 
the  death  scene  most  touching.  He  died  at  half-past  nine 
o'clock  in  the  evening.  He  knew,  and  we  all  knew  at  twilight, 
that  he  had  only  a  few  hours  more  of  life.  At  his  re- 
quest, his  brother  William  and  sisters  sang  several  appro- 
priate hymns,  which  he  indicated,  and  between  them,  at  his 
request,  I  offered  prayers.  His  last  words,  and  which  were 
distinctly  uttered,  were  these  :  "  Be  kind  to  my  boy,"  and  as 
if  addressing  his  mother,  said,  "  Mother,  I  am  coming — Jesus 
calls  me." 

His  funeral  took  place  on  Saturday  following.  At  his  re- 
quest, his  body  was  not  taken  to  the  church.  After  prayers 
and  a  few  appropriate  remarks  by  our  pastor  at  the  house,  his 
remains  were  interred  by  the  side  of  those  of  his  mother,  who 
will  now  rest  till  the  resurrection,  with  two  sons  on  one  side 
of  her,  and  one  son  on  the  other.  On  the  monument  of  each 
son,  is  the  simple  record  of  his  age,  and  death  in  the  military 
service  of  the  United  States. 

There  was  pending  in  the  Court  of  Appeals  this  year  a 
single  action,  which  I  had  theretofore  conducted  for  the 
American  Bible  Society.  It  came  on  for  argument  in  March, 
and  although  I  had  previously  withdrawn  from  that  court,  yet 
I  regarded  it  my  duty  to  go  to  Albany  and  argue  it,  which  I 
did,  saying  to  the  court,  that  I  had  come  to  ask  their  atten- 
tion to  one  more  argument  from  me,  and  which  would  be  my 
last. 

This  argument  ended  all  my  professional  engagements  for 
which  I  was  responsible  to  clients.  I  assisted  my  sons  this 
year  in  some  litigations  which  they  were  conducting  ;  and  for 
that  purpose  went  once  to  New  York — twice  to  Rochester, 
and  two  or  three  times  to  Canandaigua.  But  I  regarded  my 
professional  life  as  already  closed. 

My  time  this  year  at  Geneva  was  passed  very  much  as  it 
was  last  year — nor  was  there  any  material  change  in  the  posi- 
tions of  my  children.  But  there  occurred  one  event  of  deep 
interest.  On  Tuesday  the  9th  of  November,  I  received  a  let- 


X 


AND  COLLATERAL  REMINISCENCES.  413 

ter  from  Thomas,  informing  me,  that  on  the  previous  Sabbath, 
he  united  with  the  Collegiate  Reformed  church  in  the  city 
and  partook  of  the  sacrament  of  the  Lord's  supper.  I  had  not 
expected  this  event  to  occur  so  soon,  yet  had  for  some  time 
observed  that  a  work  of  grace  was  silently  producing  a  change 
in  this  dear  son.  I  could  only  pour  out  my  heart  in  gratitude 
to  my  Heavenly  Father.  Under  the  record  in  my  diary  of 
this  event  is  the  following  entry :  "  Gracious  God,  I  record 
my  deep  and  heartfelt  thanks  for  the  new  birth  of  this  dear 
son.  0  blessed  Saviour,  take  him  into  thy  holy  keeping,  and 
help  him  to  persevere  to  the  end.  May  his  life  be  holy  and 
lovely." 

Now  (1871)  only  one  of  my  children,  George,  remains  out 
of  Christ's  visible  church,  and  I  have  reason  to  believe  that  he 
will  ere  long  be  among  the  redeemed. 

My  youngest  child  is  now  in  her  nineteenth  year.  The 
work  of  educating  my  younger  children  is  done,  at  least,  so  far 
as  not  to  require  my  active  supervision.  They  have  attained 
to  such  ages,  as  not  to  require  my  presence  with  them.  They 
are  able  to  judge  and  act  for  themselves.  It  seems  as  if  the 
duty,  which  the  removal  of  their  mother  cast  upon  me  to  dis- 
charge alone,  has  been  discharged. 

What  remains  of  life  to  me,  I  hope,  with  the  blessing  of 
God,  to  use  for  the  good  of  my  children  and  my  fellow-men, 
and  in  preparing  myself  for  His  presence. 

I  will  end  this  autobiography  with  my  entrance  on  my 
eightieth  year,  and  with  the  entry  I  made  in  my  diary  on  my 
last  birthday,  when  I  entered  upon  that  year  : 

Friday,  December  17,  1869.  "This  is  my  birthday.  I  am 
seventy-nine  years  of  age  and  enter  to  day  on  my  eightieth  year, 
the  last  of  my  fourth  score.  Gracious  God,  I  desire  to  record  my 
deep  sense  of  thy  mercy,  love  and  care  over  and  towards  me.  My 
time  beyond  threescore  years  and  ten  has  not  been  labor  and 
sorrow.  It  is  true,  thou  hast  taken  from  me  in  that  time,  my  dear 
companion  and  three  of  my  sons ;  but  these  sorrows  have  been 
mingled  with  great  mercies.  Thou  hast  spared  me  from  labor. 
All  my  wants  have  been  abundantly  supplied,  and  I  havo  enjoyed 


414  AUTOBIOGRAPHY. 

good  health  for  one  of  my  years — Continue  thy  care  over  me,  I 
entreat  thee,  and  permit  me  to  see  my  younger  children  settled 
in  life.  Do  more  and  better  for  me  than  I  can  think  or  ask,  or 
am  worthy  to  receive.  I  ask  all  in  the  name  and  for  the  sake  of 
my  dear  Kedeemer." 

GENEVA,  March  1, 1871. 


APPENDIX. 


THE  first  clause  of  Section  I.  of  the  Amendment  of  the  Consti- 
tution, designated  as  Article  XIV.,  and  which  was  adopted  on  the 
20th  of  July,  1868,  is  substantially  the  same  as  my  Article  I. 
My  article  is, — 

"  AETICLE  I. — That  every  citizen  of  the  United  States,  and 
every  citizen  of  every  state  of  the  United  States,  who  shall  have 
resided  in  any  state  thereof  for  one  year,  shall  be  a  citizen  of  the 
state  in  which  he  has  so  resided." 

The  first  clause  of  Section  I.  of  the  14th  Amendment  is— 

"All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  state  wherein  they  reside." 

Each  declares  that  citizens  of  the  United  States  shall  be  citi- 
zens of  the  state  in  which  they  reside ;  and  the  real  object  of  each 
was,  to  prevent  every  state  from  refusing  to  recognize  as  citizens 
thereof,  the  freedmen  and  colored  persons  who  should  reside 
therein. 

The  reasons  assigned  for  adopting  the  clause  of  the  Consti- 
tution above  mentioned  were  the  same  as  those  given  by  me  in 
No.  69  of  "  Papers  Written  by  me,"  for  adopting  my  Article  I. 

One  of  the  main  objects,  sought  by  my  Article  II.,  was 
equality  of  electoral  rights  to  all  the  citizens  of  every  state — or,  in 
other  words,  equal  electoral  rights  to  colored  and  white  citizens 
of  every  state.  This  was  accomplished  in  my  Article  II.,  by  giv- 
ing to  "  Every  male  citizen  of  every  state  of  the  United  States " 
(having  the  requisite  qualifications),  a  right  to  vote  for  all  elect- 
ive offices  or  legislators. 

This  right  was  afterwards  secured  to  colored  citizens  by  the 
Amendment  of  the  Constitution,  designated  as  Article  XV.,  and 
adopted  on  the  30th  of  March,  1870.  The  reasons  given  by  me 


416  APPENDIX. 

in  No.  69  of  "  Papers  Written  by  me  "  for  this  Amendment  of  the 
Constitution,  were  the  same  as  those  on  which  this  Amendment 
was  finally  adopted. 

I  claim  no  special  credit  in  this  matter,  but  I  am  thankful  for 
having  been  able  to  contribute  my  small  amount  of  thought  and 
effort  towards  the  adoption  of  these  two  benign  Amendments  of 
our  Constitution.  I  do  not  expect  to  see  the  day,  when  an 
Amendment  of  the  Constitution  shall  be  adopted,  establishing  an 
American  standard  of  Suffrage,  and  that  standard  an  Educational 
Qualification — and  also  establishing  the  number  of  qualified 
electors  as  the  basis  of  representation  in  Congress  and  the  elect- 
oral colleges  ;  as  proposed  by  me  in  my  Articles  II.  and  III.,  and 
explained  and  enforced  in  No.  69  of  "Papers  Written  by  me. " 
But  I  feel  sure,  that  the  time  will  come,  and  probably  during  the 
present  decade,  when  the  nation  will  call  for  and  adopt  such  a 
standard  of  suffrage  and  such  a  basis  of  representation ;  and  the 
last  thing  I  intend  to  print  and  leave  behind  me,  is  this  Amend- 
ment of  the  Constitution  and  my  reasons  for  adopting  it. 

This  I  intend  to  do  in  the  form  of  a  letter  to  the  Hon.  Wil- 
liam H.  Lamport,  Representative  in  Congress  of  the  25th  District 
of  this  state,  composed  of  the  counties  of  Ontario,  Livingston, 
and  Yates,  and  my  immediate  representative. 

Geneva,  October,  1871.  S.  A.  F. 

Near  the  close  of  December,  1871,  this  intention  was  carried 
into  execution  by  writing  and  publishing  the  following  letter: 

GENEVA,  Ontario  County,  N.  Y.,  December,  1871. 

To  the  Hon.  WILLIAM  H.  LAMPORT,  Representative  in  Congress 
of  the  25th  District  of  the  state  of  New  York,  composed  of 
the  counties  of  Ontario,  Yates,  and  Livingston. 
SIR  : — Being  my  immediate  representative  in  Congress,  I  take 
the  liberty  of  addressing  to  you  a  letter,  in  which  I  propose  an 
Amendment  of  the  Constitution  of  the  United  States,  and  give 
my  reasons  for  adopting  it. 

The  following  is  the  proposed  Amendment : 

"  Resolved,  By  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  two-thirds 
of  both  Houses  concurring,  that  the  following  article  be  proposed 
to  the  Legislatures  of  the  several  states,  as  an  amendment  to  the 


APPENDIX.  417 

Constitution  of  the  United  States,  which  article,  when  ratified  by 
three-fourths  of  the  said  Legislatures,  to  be  valid,  to  all  intents, 
and  purposes,  as  a  part  of  said  Constitution,  namely: 

ARTICLE    XVI. 

"  SECTION  I. — That  every  male  citizen  of  every  state  of  the 
United  States,  who  is  twenty-one  years  of  age,  of  sound  mind, 
and  not  a  pauper,  nor  convicted  of  an  infamous  crime,  and  who 
can  read  the  Constitution  of  the  United  States  in  the  English 
language,  and  write  his  name,  and  shall  have  resided  in  the  state 
of  which  he  is  a  citizen  for  one  year  immediately  preceding  any 
election  in  such  state,  shall  be  an  elector  of  all  elective  officers,  or 
legislators  chosen  at  such  election  ;  and  no  person  shall  be  such 
elector  unless  he  shall  have  the  above  qualifications.  But  this 
article  shall  not  impair  or  affect  the  right  of  any  person  who,  at 
the  time  of  adopting  the  same,  shall  be  an  elector  in  any  state  by 
the  laws  thereof. 

"  SECTION"  II. — After  the  census  to  be  taken  in  the  year  eigh- 
teen hundred  and  eighty,  and  each  succeeding  census,  represen- 
tatives shall  be  apportioned  among  the  several  states  which  may 
be  included  in  the  United  States  of  America,  according  to  the 
number  in  each  state  of  electors  qualified  as  declared  in  the  pre- 
ceding Section  I.,  and  direct  taxes  shall  be  apportioned  among 
the  several  states  according  to  the  value  of  the  real  and  personal 
taxable  property  situate  in  each  state  not  belonging  to  the  state 
or  to  the  United  States." 

You  will  see,  that  Section  I.  of  the  proposed  amendment,  if 
adopted,  will  accomplish  two  important  objects. 

First.  It  will  establish  a  uniform  standard  of  suffrage 
throughout  the  United  States,  to  which  every  state  in  the  Union 
must  conform ;  and  instead  of  the  diversity  of  electional  qualifi- 
cations, which  now  exist  in  the  several  states,  there  will  be  one 
and  the  same  qualification  in  all. 

Second.  It  will  establish  an  educational  qualification  of  suf- 
frage throughout  the  United  States,  which  every  state  in  the 
Union  must  accept  and  adopt.  After  that  is  done,  every  vote, 
given  at  an  election  in  this  country,  will  be  an  intelligent  one. 
Each  voter  will  be  able  to  read  his  ballot,  and  understand  for 
whom  and  for  what  he  votes. 
27 


418  APPENDIX. 

Section  II.  of  the  proposed  amendment,  if  adopted,  will  change 
the  basis  of  representation  in  Congress  and  in  the  presidential 
electoral  colleges,  from  the  number  of  persons  in  each  state,  to 
the  number  of  male  citizens  in  each  state,  who  are  qualified 
electors  thereof  according  to  Section  I.  As  such  electors  must  be 
able  to  write  their  names  and  read  the  English  language,  this 
Section  II.  will  thus  make  it  the  interest  of  each  state  to  estab- 
lish and  maintain  a  good  system  of  common  schools — of  parents, 
to  have  their  sons  taught  to  write  their  names  and  read  the 
English  language — and  of  all  young  men  to  write  their  names 
and  read  the  language. 

This  Section  II.,  if  adopted,  will  also  change  the  basis  of 
direct  taxation,  from  the  number  of  persons  in  each  state,  to  the 
amount  of  taxable  property  in  each  state. 

SEASONS    FOB    ADOPTING     THIS     AMENDMEOT     OF    THE     CONSTI- 
TUTION". 

First.  Seasons  for  establishing  a  uniform  standard  of  suffrage 
throughout  the  United  States,  or,  in  other  words,  universality  of 
the  qualifications  of  electors. 

Each  state  of  our  Union  has  the  right,  and  has  exercised  it 
from  the  establishment  of  its  government,  of  determining  the 
qualifications  of  its  electors  or  voters.  The  consequence  is  great 
diversity  of  these  qualifications  amongst  the  states.  In  one,  a 
property  qualification  is  required— in  another,  an  educational 
qualification — in  another,  a  naturalized  citizen  is  not  allowed  to 
vote  until  after  a  long  probation — in  another,  to  encourage  emi- 
gration, an  alien  is  allowed  to  vote  before  being  naturalized — 
scarcely  any  two  states  having  the  same  electoral  qualifications. 

While  this  diversity  exists,  if  a  voter  in  one  state  changes  his 
residence  to  another,  he  may,  by  this  change,  which  all  citizens  have 
a  right  to  make,  lose  his  right  to  vote  and  become  disfranchised. 
The  great  diversity  in  our  climate  produces  many  changes  of  resi- 
dence for  health.  Numerous  other  legitimate  and  commendable 
causes  produce  like  changes.  A  neighborly  and  hospitable  spirit 
ought  to  prevail  in  every  state  towards  the  citizens  of  other 
states.  A  removal  from  one  state  to  another  ought  rather  to  be 
encouraged  than  discouraged.  A  spirit  of  state  exclusiveness  is 
unfriendly  to  harmony  of  thought  and  feeling,  and  tends  to  make 


APPENDIX.  419 

us  a  divided,  instead  of  a  united  people.  Uniformity  of  electoral 
rights  would  prevent  a  change  of  residence  from  state  to  state 
from  being  felt  to  be  a  change  of  condition,  and  go  far  towards 
making  us  a  homogeneous  people,  and  our  Union  a  brother- 
hood. 

There  are,  however,  other  and  greater  advantages  of  a  uni- 
form standard  of  suffrage. 

1.  It  will  increase  the  value  of  American  citizenship.    The 
nation  will  establish  the  qualifications,  and  confer  the  right  of 
suffrage.     This  most  valuable  right  of  an  American  citizen  will 
be  protected  by  national  authority,  and  a  knowledge  of  this  fact 
will  increase  its  value  in  the  estimation  of  every  one  entitled  to 
it, 

2.  It  will  establish  a  uniform  standard  of  suffrage  throughout 
the  country,  and  put  a  stop  to  all  strife  among  the  states  to  draw 
emigrants  by  lowering  and  cheapening  suffrage. 

3.  It  will  nationalize  suffrage.     Instead  of  there  being  one 
standard  of  suffrage  in  one  state,  and  another  standard  in  another 
state,  there  will  be  one  standard  for  every  state,  and  that  one 
Avill  be  the  AMERICA^  STANDARD  OF  SUFFRAGE.    It  will  produce 
harmony  among  the  states  on  a  most  important  feature  of  our 
system  of  government,  and  tend  to  make  us  one  people  and 
nation. 

4.  This  standard  will  be  enduring,  and  not  subject  to  change 
for  slight  causes,  as  is  often  the  case  with  state  standards.     It 
will  thus  give  steadiness  and  stability  to  a  very  important  branch 
of  governmental  action. 

Other  advantages  might  be  mentioned,  but  the  above  ought 
to  be  sufficient  to  ensure  the  adoption  of  this  feature  of  the 
amendment. 

Second.  Seasons  for  an  educational  qualification  of  suffrage. 

The  value  of  this  feature  of  the  proposed  amendment,  and  the 
inestimable  blessings  which  its  adoption  will  confer  on  the  coun- 
try, are  almost,  if  not  quite,  self-evident.  As  sovereign  power  in 
our  country  is  vested  in  the  people,  we  have  a  political  axiom, 
which  commands  universal  assent,  viz :  "  The  intelligence  of  the 
people  is  the  foundation  on  which  our  institutions  rest."  Hence, 
every  lover  of  his  country  strives  to  disseminate  knowledge  among 
the  people,  and  educate  the  rising  generation.  With  only  thirty- 


420  APPENDIX. 

one  millions  of  people,  we  have  shed  oceans  of  blood,  and  spent 
billions  of  treasure,  which  would  all  have  been  saved,  if  the  mass 
of  our  Southern  fellow-citizens  had  been  sufficiently  educated  to 
understand  their  rights  and  true  interests.  How  then  will  it  be, 
and  where  will  our  safety  lie,  when  we  are  a  nation  of  one  or  two 
hundred  millions  ?  Safety,  then,  will  be  nowhere  found,  and 
national  death  certain,  unless  that  immense  multitude  are  edu- 
cated, and  sufficiently  intelligent  to  discharge  the  high  duty  of 
self-government.  We  cannot  now,  with  our  present  population 
and  present  immigration  of  uneducated  foreigners,  keep  educa- 
tion up  to  its  former  proportionate  standard.  We  are  falling 
behind  constantly.  The  number  of  those  in  the  country,  who 
cannot  read  and  write,  in  proportion  to  those  who  can,  is  con- 
tinually increasing.  There  is  a  strong  probability — indeed,  almost, 
if  not  quite,  a  certainty — that  emigration,  hereafter,  will  be  larger, 
in  proportion  to  our  native  population,  than  it  has  been  hereto- 
fore. This  will  cause  a  more  rapid  increase  than  heretofore,  of 
the  proportion  of  the  uneducated  to  the  educated,  and,  at  so  early 
a  period  as  the  close  of  this  century,  there  will  be  such  a  host  of 
ignorant  voters  in  the  country,  as  seriously  to  endanger  our  insti- 
tutions, and  by  the  middle  of  the  next  century  to  render  self- 
government  insecure,  if  not  impracticable,  unless  some  efficient 
measure  is  adopted  to  stimulate  and  extend  education  among  the 
mass  of  the  people.  No  measure  has  ever  been  suggested,  nor  do 
I  believe  one  can  be  conceived  more  effective  in  accomplishing 
this  object,  than  making  the  right  to  vote  dependent  on  the 
education  of  the  voter ;  or,  in  other  words,  affixing  to  suffrage  an 
educational  qualification.  To  give  to  such  a  measure  its  full 
efficacy,  and  assure  the  nation  of  the  full  and  abiding  blessings 
which  it  will  confer,  it  should  be  incorporated  in  and  form  a  part 
of  the  great  charter  of  our  freedom,  and  should  not  be  left  to  the 
varying  popular  breezes  of  separate  state  action.  It  will  secure  to 
the  nation  the  existence,  forever,  of  the  foundation  on  which  our 
institutions  stand,  viz:  the  intelligence  of  the  people.  It  should, 
therefore,  be  as  permanent  and  pervading  as  any  provision  in  the 
Constitution. 

All  will  agree,  that  the  educational  qualification  of  suffrage 
should  not  be  less  than  ability  to  read  and  write,  and  no  better 
test  of  that  ability  can  probably  be  suggested,  than  the  one  con- 


APPENDIX.  421 

tained  in  the  proposed  amendment  we  are  considering.  The 
ability  to  read  should  also  extend  to  reading  the  language  of  the 
country.  The  reasons  for  this  are  obvious  and  numerous.  The 
large  number  of  naturalized  citizens  now  in  the  country,  and  the 
still  larger  number  there  will  be  hereafter,  who  have  and  will 
bring  their  native  language  with  them,  and  adhere  to  it,  will 
make  our  country  a  national  Babel.  Unseemly  and  inconvenient 
in  intercourse  and  business  as  this  may  be,  it  vanishes  from  view 
in  comparison  with  the  danger  to  our  institutions  which  arises 
from  maintaining  in  the  country  diversity  of  language.  While 
we  have  now  towns  and  counties,  where  foreign  languages,  man- 
ners, customs,  irreligious  and  immoral  opinions  and  practices 
prevail,  we  may  hereafter  have  states ;  and  thus,  our  great 
nation,  instead  of  being  homogeneous,  and  forming  one  harmo- 
nious whole,  will  be  divided  into  different  nationalities,  unlike  in 
language,  education,  manners,  usages,  and  moral  and  religious 
opinions.  No  better  remedy  for  these  and  other  evils  springing 
from  the  same  cause,  and  no  measure  better  calculated  to  natu- 
ralize and  Americanize  the  multitude  of  foreigners  who  will 
adopt  our  country  as  their  own,  can  be  devised,  than  to  require 
them  to  learn  and  read  our  language,  as  a  condition  precedent  to 
their  exercise  of  the  right  of  suffrage.  This  will  bring  with  it 
schools,  education,  thoughts,  manners,  sentiments,  and  opinions, 
all  of  which  will  be  American,  and  make  us  one  people. 

The  late  occurrences  in  the  city  of  New  York  show  the  dan- 
ger to  our  institutions  and  domestic  peace  of  separate  organiza- 
tions by  our  naturalized  citizens  and  their  countrymen,  who  have 
emigrated  and  intend  to  become  citizens,  for  the  purpose  of  main- 
taining and  perpetuating  in  this  country  their  foreign,  political, 
and  religious  prejudices  and  factions.  The  shocking  scenes  of 
riot  and  death,  which  occurred  in  that  city  on  the  12th  of  July 
last  (1871),  and  came  near  occurring  again  on  the  10th  of  this 
month  (December,  1871),  were  caused  entirely  by  this  organized 
foreign  element.  Like  occurrences,  owing  to  the  same  cause, 
may,  with  certainty,  be  expected  in  other  portions  of  the  country, 
when  our  population  becomes  dense,  and  emigration  adds  to  it 
yearly  hundreds  of  thousands  of  foreigners. 

The  surest  and  kindest  way  to  avoid  this  danger,  is  to  Ameri- 
canize these  foreigners  by  educating  them,  and  teaching  them  to 


422  APPENDIX. 

read  our  language.  Simple  ability  to  read  our  language  will  go 
far  toward  changing  a  prejudiced  alien  into  a  patriotic  American 
citizen. 

We  claim  England  as  our  mother  country.  Her  subjects  and 
our  citizens  often  extol  themselves  as  being  of  one  blood — speak- 
ing the  same  language — having  a  literature  in  common — similar 
institutions  and  laws — the  same  Christianity  and  civilization — as 
being  the  two  great  Christian  nations  of  the  world.  How  long 
will  it  be,  before  these  things  will  be  said  of  us,  as  things  that 
once  were,  but  have  passed  away,  if  we  become  a  mongrel  people, 
of  divers  languages  and  nations  ?  If  we  become  such  a  people, 
how  long  will  it  be — I  prophecy  not  more  than  a  century,  before 
our  great  Eepublican  system  will  prove  a  failure ;  and  we  shall  be 
broken  up  into  at  least  three — north,  south,  and  west — con- 
federacies. 

But  what  a  halo  of  glory  will  surround  our  Republican  insti- 
tutions, if  they  bring  into  being  a  mighty,  Christian  nation  of 
educated,  orderly  citizens,  speaking  one  language,  and  united  in 
fraternal  bonds? 

Third.  Eeasons  for  making  the  number  of  qualified  electors  the 
basis  of  representation. 

The  object  of  this  feature  of  the  amendment  is  obvious. 
Every  state  is  anxious,  and  rightly  so,  to  obtain  as  many  mem- 
bers of  Congress  and  presidential  electors  as  it  can.  Its  influence 
in  the  Union  depends  on  their  number.  Hence  no  pains  will  be 
spared  to  increase  it.  If  their  number  depends  on  the  number  of 
voters  in  the  state  who  can  read  and  write,  it  is  obvious,  that  it 
will  be  the  interest  of  the  state  to  establish  and  maintain  a  good 
and  adequate  system  of  common  schools,  in  which  all  the  youth, 
especially  the  male  youth  of  the  state,  may  have  an  opportunity 
to  learn  to  read  and  write  ;  and  as  the  colored  youth  of  a  state, 
when  they  attain  21  years  of  age,  have  a  right  to  vote,  if  they  have 
the  requisite  educational  qualification,  it  will  be  the  interest  of  the 
state  to  educate  that  class  of  their  youth.  Should  this  provision 
of  the  amendment  be  adopted,  it  will  put  an  end  to  all  opposition 
to  educating  the  colored  race. 

Parents  finding  that  their  sons  cannot  vote  if  not  educated, 
will  be  anxious  to  send  their  children  to  school,  and  will  need  no 
urging  to  discharge  that  duty.  There  will  not  be  then,  as  now, 


APPENDIX.  423 

hundreds  of  thousands  of  children  allowed  to  grow  up  in  ignor- 
ance, idleness,  and  crime. 

All  young  men  too,  of  whatever  color  they  may  be,  who  have 
had  no  opportunity  for  education  in  their  youth,  will  be  stimu- 
lated to  early  and  earnest  efforts  to  learn  to  read  and  write.  In 
these  cases,  few  will  be  satisfied  with  acquiring  the  mere  elements 
of  an  education.  Most  of  them,  having  tasted  the  fruit  of 
knowledge,  will  press  forward  till  they  can  gather  it  in  abun- 
dance. 

While  this  second  section  of  the  amendment  will  deprive  no 
one  of  his  vote  who  may  be  entitled  to  it  when  it  is  adopted,  the 
time  for  it  to  go  into  operation  will  be  placed  so  far  ahead,  that 
every  male  21  years  of  age  will  be  able  to  learn  to  read  and  write 
before  a  vote  will  be  given  under  it. 

The  other  feature  of  this  second  section,  viz.,  that  direct 
taxes  "  shall  be  apportioned  among  the  several  states  according  to 
the  value  of  the  real  and  personal  taxable  property  situate  in  each 
state,"  is  clearly  so  just  and  proper,  as  to  require  no  statement  of 
reasons  for  its  adoption. 

The  existence  of  slavery  rendered  this  just  provision  impracti- 
cable when  the  Constitution  was  adopted;  but  slavery  having 
been  abolished,  it  should  now  have  a  place  in  our  national 
charter. 

I  will  close  this  letter  by  asking  all  who  read  it,  to  carry  their 
thoughts  forward  and  take  a  view  of  this  country  some  years 
hence,  when  this  proposed  amendment  having  been  adopted,  it 
shall  form  a  part  of  our  Constitution,  and  the  nation  shall  be 
moving  and  acting  under  it.  The  present  mass  of  ignorant  and 
uneducated  voters  will  then  have  nearly,  or  quite,  passed  away. 
Every  voter  will  be,  to  some  extent,  an  educated  man.  He  will 
be  able  to  read  his  own  ballot,  and  will  have  sufficient  intelli- 
gence to  form  his  own  judgment  of  the  questions  and  candidates 
before  the  people.  The  only  language  spoken  will  be  the 
English,  the  language  of  the  country.  We  shall  hear  no  foreign 
languages  around  the  polls.  Every  man,  without  regard  to  race 
or  color,  having  the  requisite  qualifications,  will  deposit  his  bal- 
lot. Schools  for  English  education  will  be  spread  over  the  coun- 
try. There  will  not  be  hundreds  of  thousands  of  children,  as 
there  are  now,  out  of  school.  The  nation  will  have  but  one 


424  APPENDIX. 

language,  and  we  shall  be  one  people.    Eepublicanism  will  com- 
mand the  homage  of  the  world. 

All  the  states  in  rebellion  having  been  re-organized  and  now 
occupying  their  rightful  positions  in  the  Union,  the  present 
would  seem  to  be  a  suitable  time  to  place  our  country  on 
a  basis,  which  will  enable  it  to  stand  entire  and  united  for 
ages. 

Respectfully,  your  obedient  servant, 

SAM'L  A.  FOOT. 


INDEX  TO   VOLUME   I. 


A. 

ABEEL,  Rev.  Dr.,  letter  from,  397-8. 

ABSENCES  from  home  on  professional 
business  while  living  in  Albany 
in  the  year  1825,  76-7— when  liv- 
ing in  New  York  in  the  year 
1828, 104-in  the  year  1829,  108-9 
—year  30,  115-16— year  31,  125 
—year  32,  138  — year  34,  152- 
year  36,  175— year  37,  180— year 
38,  187  — year  39,  195— year  40, 
198-9  — year  41,  206  — year  42, 
212-13  — year  43,  223  — year  44, 
236-7  — year  45,  245— year  46, 
250 — While  living  at  Geneva,  year 
48,  261— year  49,  266  — year  50, 
269-70  — year  52,  286— year  53, 

.  291— year  54,  297— year  55,  303 
—year  56,  312 — year  57,  327- 
year  58,  333 — year  59,  337— year 
60,  340— year  61,  344— year  62, 
357— year  63,  361— year  64,  368 
—year  65.  377— year  66,  382- 
year  67,  404— year  68,  407. 

ABSTRACTS  of  books  read,  22-3. 

ADAMS,  John,  visit  to  him,  83-4— 
Mrs.  John  Quincy,  95 — Mr.  and 
Mrs.  John  Quiucy,  97 — John  Quin- 
cy, 98. 

ADDRESS  at  anniversary  of  American 
Bible  Society,  156 — on  bankrupt 
act,  200  —  on  circulation  of  the 
Bible,  212— on  colonization  of  free 
persons  of  color,  131 — on  same, 
169  —  on  same,  235  —  on  same, 
311  —  on  death  of  Henry  Clay, 
287— of  Wm.Kent,  349  — of  Abra- 
ham Van  Vechten,  181-2— of  John 
Cotton  Smith,  241 — on  dedication 
of  cemetery,  Watertown,  Conn., 
10,  298-9  —  education  in  Africa, 
182— education  of  the  blind,  212 
— second  election  of  Lincoln,  369 
—  before  Agricultural  Society  of 
St.  Lawrence  County,  302— Ag- 
ricultural Society  of  town  of 


Seneca,  288 — for  Geneva  college, 
128  —  at  Hobart  college  dinner, 
408 — on  independence  of  Liberia, 
265— before  Law  Association,  170 
— Literary  Societies  of  Geneva 
college,  136-7— Phi  Beta  Kappa 
Society  of  Union  college,  291-2 
— on  politics  at  Millstone,  N.  J., 
231-2— at  Geneva,  232— Phelps,  261 

—  at    Geneva,    342— New    York, 
342  —  for   Presbyterian   Board    of 
Education,  156— -on  religious   sub- 
jects   at  first  declined,  146— after- 
wards made,  152 — on  system  in  hu- 
man affairs,   270 — raising  flag  on 
church,    349  —  temperance,    265  — 
before  Young  Men's  Christian  Asso- 
ciation, 220-1. 

AGRICULTURE,  taste  for,  acquired,  10 
— addresses  on,  288,  302. 

ALBANY  DAILY  ADVERTISER,  article 
for,  85. 

ALBANY,  visits  to,  104,  118, 127,  148, 
177,  306,  315,  382. 

ALFRED,  born,  200 — other  events  of 
his  life  and  death,  334,  338,  345, 
358,  364-5,  368,  370-1-2-3,  380, 
507-8-9,  405,  408,  411-12. 

ALLEN,  Benjamin,  character,  appear- 
ance, and  visit  to,  80-1. 

AMENDMENT  of  life,  111. 

AMERICAN  Bible  Society,  manager 
of,  220. 

ANCESTORS,  7. 

ANKLE,  sprain  of  and  cure,  194. 

ANNAPOLIS,  Md.,  visits  to,  271-2. 

ANTI  -  MASONRY,  101,  112-13-14-15, 
123-4, 144. 

APPLETON,  Nathan,  83. 

APPEALS,  Court  of,  274-5-6-7-8. 

ARCTURUS,  article  in,  206. 

ARGUMENTS,  publication  of,  105-6, 
193,  287. 

ARTICLES  for  public  journals,  on  Ful- 
ton Ferry,  195— bankrupt  act,  206 

—  Commander    Mackenzie,   219 — 
International    copyright,    234-5 — 


426 


INDEX  TO  VOLUME  I. 


adoption  of  state  constitution,  249 
— Davies'  mathematical  books,  278 

— effect  of  abolishing  slavery,  358 

— trial  of   assassins    of   President 

Lincoln,  307-8. 
ASSASSINS  of  President  Lincoln,  trial 

of,  article  on,  307-8. 
ATTORNEY,  examined  and  admitted, 

25-6. 
ATTORNEY  General,  effort  to  appoint 

me,  75. 
AUBURN,  visit  there,  62. 

B. 

BALLSTON  SPA,  visits  there,  objects 
of,  acquaintances  made,  55-6,  84-5. 

BALLSTON,  visit  there,  148. 

BALTIMORE,  visits  there  and  objects 
of,  97, 157-8. 

BANK  of  United  States,  renewal  of 
charter,  article  on,  131. 

BANKING  law,  general,  constitution- 
ality of,  192-3,  198. 

BANKRUPT  act,  address  for,  200— arti- 
cle on,  206. 

BANKS,  measures  to  save  from  liqui- 
dation, 327-8-9. 

BAR,  examined  and  admitted,  25-6— 
of  city  of  New  York,  their  esti- 
mation of  me,  221-2,  230. 

BATTERY,  exercise  there,  108,  116, 
125, 139. 

BAPTISM  of  grandson,  E.  W.  Roberts, 
391. 

BETHLEHEM,  Pa.,  visit  there,  343. 

BLEECKER,  Hermanns,  his  friendship, 
83,  97. 

BLESSING,  asked  at  a  public  table,  149. 

BIBLE,  address  at  anniversary  of 
American  Bible  Society,  156  — 
circulation  of,  address  on,  212 — 
manager  of  American  Society,  220 
—  attention  to  duties  of,  235  — 
how  performed,  239-40,  247-8, 
255-6 — reading  of,  with  Scott's 
Notes  and  Observations,  comple- 
ted, 261-2— how  continued,  299. 

BIOGRAPHY,  when  commenced,  377 — 
when  continued,  389— end  of,  414. 

BIDWELL,  M.  S.,  his  friendship  and 
letters,  308,  401. 

BOAT-HOUSE  built  and  owned,  261 

BOGART,  Captain,  amusing  incident, 
58. 

BOOKS  read  on  a  visit  to  Springfield, 
170-1. 

BOSTON,  Mass.,  visits  there  and  ob- 
jects, 83,  244 


BOUNTY  of  brother,  effect  on  me,  15, 
16. 

BOYHOOD,  9, 10. 

BRADLEY,  Jos.  P.,  his  guest,  333. 

BRECKENRIDGE,  Rev.  John,  156. 

BROTHER,  Ebenezer,  biography  of 
7,  248 — in  debt,  26— partnership 
with,  26 — indorser  for,  26— death 
of,  28— his  estate  insolvent,  35— 
his  debts  paid,  40— his  Avidow 
and  child  provided  for,  40— his 
grave,  119-20. 

BUFFALO,  visits  to,  and  objects  of,  64, 
163. 

BUNKER'S  Hotel,  N.  Y.,  lodging  at, 
127. 

BUTLER,  Benj.  F.,  our  friendship  and 
intercourse,  48-9. 


C. 

CABELL,  Judge,  fellow-traveler  and 
friend,  159-60. 

CABINET  Meeting,  present  at,  346-7-8. 

CADY,  Daniel,  our  acquaintance,  inti- 
macy, his  character,  50-1,  266 — 
Tryphena,  his  daughter,  51. 

CAHOES  Falls,  visit  to,  59. 

CAMPBELL,  Eliza,  call  on  and  intro- 
duction to  your  mother,  144 — 
with  us  on  wedding  tour,  157 — 
John,  pamphlet  by  and  article 
on,  234— Samuel,  death  of,  175 — 
Mrs.  Samuel,  her  death  and  char- 
acter, 256— Lord,  a  Canada  judge, 
43-4. 

CAMP,  location  of,  358. 

CANADA,  court  in,  43-4 — visit  to,  con- 
templated, 57-8  —  made,  64-5-6, 70 
-1-2-3. 

CANAL,  celebration  of  completion  of 
eastern  section,  56 — of  completion 
of  whole,  75. 

CANANDAIGUA,  visit  to,  in  1824,  63. 

CAPITAL  trials  given  up,  90. 

CATHERINE  born  and  baptized,  288 — 
united  with  church,  390. 

CATSKILL,  visit  to  Mountain  House, 
301. 

CAUCUS,  Republican,  chairman  of, 
317. 

CEMETERY,  Evergreen,  address  on 
dedication,  10,  29^9. 

CHAIRMAN  of  meeting  to  raise  flag 
on  church,  349 — also  of  meeting 
to  sustain  Union,  349-50. 

CHAMBLY,  visit  to,  73. 

CHAMPLAIN,  lake  of,  73. 

CHANCERY,  first  case  in,  33. 


INDEX  TO  VOLUME  I. 


427 


CHART  of  reports  and  judges,  24-5. 

CHESTER,  Mrs.,  visit  to,  116. 

CHOLERA  in  New  York,  132. 

CHILDREN,  instruction  of,  205-6 — 
education  and  training  of,  219  — 
attention  to,  235— repeating  verse 
in  the  morning,  and  story  at 
Sunday  evening  twilight,  235 — 
scattered  in  summer  of  1844,  235 
—of  1845,  241— of  1846,  249— 
where  they  were  in  1851,  282 — 
where  in  52,  288— in  53,  295— 
in  54,  299— in  56,  313— in  57, 
329-30— in  58,  334— in  59,  338-9 
—in  60,  342— in  61,  350— in  62, 
358— in  63,  367-in  64,  375-6— 
in  65,  380— in  66,  391— in  67, 
405-6 — religious  instruction  of,  243 
—contributions  by,  to  foreign  mis- 
sions, 243 — sons  took  part  in  morn- 
ing devotions,  259 — aiding  in  stud- 
ies and  amusements,  264 — their 
spiritual  welfare,  efforts  to  pro- 
mote, 268. 

CHRISTIAN  Association  of  young 
men,  address  before,  220-1. 

CHURCH,  Episcopal  and  Second  Pres- 

!  byterian  in  Albany,  49-50 — First 
Presbyterian  in  New  York,  104 
— joined  it  on  confession,  142 — 
trustee  of,  153— first  attendance 
with  your  mother,  165  —  change 
from  Presbyterian  to  Collegiate  Re- 
formed, 190-1-2  — Collegiate,  pas- 
tors of,  208-9— Reformed  in  Gen- 
eva, joined  it,  256-7 — elder  in, 
duties  to,  finances  of,  282,  287 
—attention  to,  291— eldership  re- 
luctantly held,  367— conducted  pray- 
er meetings  of,  377. 

CINCINNATI,  visit  to,  161-2. 

CITIZENSHIP,  essay  on,  359. 

CLARK,  D.  L.,  and  Euphemia,  his 
wife,  183— Wm.  N.,  neighbor  and 
friend,  256. 

CLASSICS,  Greek  and  Latin,  76,  102, 
107. 

CLAY,  Henry,  acquaintance  and  inter- 
course with,  95,  97,  98,  99,  100, 
160— death  of,  and  address  on,  287. 

CLEVELAND,  O.,  visit  to,  163. 

CLERKSHIP  in  Troy,  12-13— in  Al- 
bany, 24-5. 

CLINTON,  De  Witt,  support  of,  46- 
7-8. 

CLIENTS,  subscribers  to  relieve  from 
prison,  became,  32. 

CLOTHES,  few  in  college,  and  clerk- 
ship, 16,  23. 


COLLEGE,  Union,  entered  it  and 
course  in,  16 — bills  of  unpaid,  left 
it,  afterwards  paid,  20 — commence- 
ment of  in  1811,  24. 

COLONIZATION,  supporter  and  advo- 
cate of  from  1831  to  1854,  124-5 
144,  153-4-5,  168-9,  220,  235,  239, 
249, 311. 

COMMERCIAL  Advertiser,  controversy 
with  Cooper,  211-12. 

COMMON  Place  book,  15. 

COMMON  schools  of  Geneva,  attention 
to,  287-8,  291,  297. 

CONFISCATION  of  real  estate  of  rebels, 
pamp  let  on,  362. 

CONGRESS  Hall,  Albany,  306,  315. 

CONKLING,  Alfred,  journey  with  him, 
42-3-4. 

CONNECTICUT  river,  rides  along,  82, 
116-17. 

CONSERVATORY  built,  264. 

COOPER,  Fennimore,  suit  with  W.  L. 
Stone,  211-12. 

COOPERSTOWN,  visit  to,  86. 

COPYRIGHT,  International,  article  on, 
234-5. 

CORINTH,  visit  to  relatives  at,  148. 

CORRESPONDENCE,  with  absent  chil- 
dren, 407-8 — with  your  mother, 
general,  264 — same,  respecting  your 
spiritual  welfare,  268-9. 

CONSTITUTION  of  state,  its  adoption 
opposed,  249  — of  United  States, 
amendments  of  as  to  suffrage, 
383-4-5. 

CONTEST  between  Whigs  and  Demo- 
crats for  the  city  government, 
arguments  in,  211. 

CONVENTION,  Republican,  at  Syra- 
cuse, 337. 

CONVERSION,  religious,  53-4. 

CORN,  immense  field  of,  162. 

COUNTRY,  duty  to,  361-2— condition 
of,  377. 

COUNTRY  residence,  225. 

COUNSELLOR- AT-LAW,  ex  gratia,  32— 
on  examination,  34. 

COURT  of  Appeals,  appointed  judge 
of,  and  nominated  for  election, 
274-5-6— not  elected,  277-8  — of 
Chancery,  first  case  in,  and  of 
Supreme  Court,  first  case  in,  83 
—for  Correction  of  Errors,  first 
case  in,  35  to  41 — same  court,  vale- 
dictory on,  249. 

COWNECK,  Long  Island,  summer  spent 
there,  177. 

CURTIS,  Wm.  E.,  business  connection 
with  him,  285-6. 


428 


INDEX  TO  VOLUME  I. 


D. 

DAILY  papers,  always  read,  180. 

DANCIXG  school  for  children,  297. 

DAUGHTER,  Margaret,  born,  48 — bap- 
tism and  death,  50 — grave  of,  re- 
flections at,  120. 

DA  VIES,  Charles,  visits  to,  at  West 
Point,  91,  118,  127,  150,  170— at 
Hartford,  Conn.,  204-5— one  of  wed- 
ding party  to  Philadelphia,  157. 

DAVIES,  Henry  E.,  commencement  of 
his  career,  43 — became  my  part- 
ner, 115 — a  member  of  my  fami- 
ly, 139— one  of  wedding  party  to 
Philadelphia,  157  — attended  his 
wedding,  170 — his  nomination  as 
Judge  of  Court  of  Appeals,  aided 
it,  337. 

DAVIES,  Thomas  A.,  accompanied  me 
to  Hartford,  Ct.,  204— tried  an  in- 
teresting cause  for  him,  210-11 — 
a  guest  of  his  in  New  York,  256. 

DAY,  manner  of  beginning  and  end- 
ing it,  201. 

DEAF  and  Dumb  Asylum,  interesting 
occurrence  there,  326-7. 

DEBTS,  overwhelmed  with,  28 — pay- 
ment of,  26— all  paid,  33. 

DEERFIELD  river,  ride  by  the  side  of, 
117. 

DEL  A  VAN,  Mr.  and  Mrs.,  traveling 
companions,  71—2. 

DESCENDANTS  of  Nathaniel  Foot,  7. 

DETROIT,  journey  to,  on  business, 
255. 

DEVOTIONS,  family,  by  whom  con- 
ducted in  my  absence,  289 — change 
of  hour  for  on  Sabbath  evenings, 
304 — alco  on  other  evenings,  367. 

DIARY,  entry  in,  respecting  extracts 
from  books,  22-3 — commencement 
of,  54-5— mode  of  keeping  it,  106 
—•changes  in  keeping  it,  109-10, 197. 

DIBBLE,  Mr.  and  Mrs.,  their  kindness, 
23-4. 

DIPLOMA  of  college,  24. 

DISAPPOINTMENT  of  hopes  by  John's 
sickness,  339-40. 

DISSATISFACTION  with  myself,  106-7. 

DISTRICT  Attorney  of  Albany,  ap- 
pointment and  removal,  48-9. 

DOCTOR  of  Laws,  235,  294-5. 

DOMESTIC,  death  of,  228. 

DOMESTICS,  value  of  faithful  ones, 
251. 

DRED  SCOTT,  legislative  report  on  de- 
cision of  his  case,  322-3-4-5-6— 
pamphlet  on  same,  334-5. 


DURHAM   boat,  down  St.   Lawrence 

in,  69-70. 

DUTIES,  better  understood,  77. 
DUYCKIKCK,  Sally,  157, 183. 
DWIGHT,  HENRY,  a  true  friend,  140. 


E. 

EARNINGS,  first  ones,  25— profession- 
al, 187,  216. 

EDUCATION,  early,  9-10. 

EDWARDS,  James,  his  education  and 
clerkship,  and  character,  41 — part- 
nership with  him,  53,  76. 

ELDERSHIP  in  church,  declined,  146 
— accepted,  274 — duties  of,  how  dis- 
charged, 282 — absences  prevented 
full  discliarge  of,  367 — consented  to 
one  term  more,  389-90. 

ELECTED  Member  of  Assembly,  302-3 
— again,  312. 

ELECTION,  presidential,  in  1860,  deep 
interest  in,  and  addresses  on,  342 — 
deep  interest  in  same  in  1864,  ad- 
dresses on  and  gratitude  for  result, 
369. 

ELIZA  C.,  born  and  baptized,  274— 
united  with  church,  390. 

EMMET,  Thomas  Addis,  occurrence 
in  court,  39. 

END  of  biography,  414. 

ERIE,  Lake,  passage  over,  163 — rail- 
road, member  of  convention  to  pro- 
mote construction  of,  192-3 — com- 
pletion of,  excursion  on,  281. 

ESTIMATION  of  self  and  sons,  350 
-1-2-3. 

EUCLID,  study  of,  16-17. 

EUPHEMIA,  born,  183 — very  ill,  187, 
217— visit  East  in  1850,  271— seri- 
ously impressed,  283 — joined  the 
church,  288 — excursion  with  her, 
301 — tour  to  White  Mountains  with 
her  and  Mary,  337-8— how  she 
spent  the  year  1864,  375— how  the 
year  1865, 380 — engaged  to  be  mar- 
ried, 391— married,  406. 

EXCURSIONS  for  recreation,  in  1836, 
176-7— in  1851,  281-2— in  1855, 
301-2— in  1859,  337-8— in  1860, 
342-3— in  1862, 358. 

EXERCISE,  from  1828  to  1887,  mainly 
on  Battery,  108, 116, 125-6, 156, 170, 
173— where  and  how  in  1837, 180— 
in  38,  187— in  39,  195— in  40,  198 
—in  41,  204-5— in  42,  213— in  43, 
225— in  44,  236— in  51,  281— in  53, 
295— in  54,  297— in  57,  315. 


INDEX  TO  VOLUME  I. 


429 


F. 

FALMOUTH,  Va.,  visit  to  Alfred  there, 
363-4-5. 

FARM  in  Connecticut,  sold  to  Scovill, 
11, 19. 

FATIIEK,  early  decadence  of,  9 — death 
of,  19. 

FBELiNGHUYSEN,Theodore,our  friend- 
ship, 222-3,  230-1. 

FRENCH  language,  study  of,  48, 85-6, 
102,  107,  122. 

FIRE,  great  one  in  city,  171 — in  house 
at  New  York,  171— at  Geneva,  267. 

FISHKILL  Landing  Lyceum,  lecture 
before,  292-3-4. 

FITTING  for  college,  15-16. 

FIVE  sons  in  army,  374. 

FLAG  on  church,  address  on  raising, 
349. 

FOOT,  book  of  genealogies,  7 — Na- 
thaniel, 7  —  Isaac,  62-3  — Samuel 
Augustus,  82,  116— Andrew  Hull, 
116. 

FOWLER,  Mariam,  first  acquaintance 
with,  19 — marriage  with,  42 — uni- 
ted with  church,  50 — letters  from, 
:  74 — her  health  not  good,  34 — near 
death,  120-1— her  sickness,  death, 
character,  presents  to  me,  and  bur- 
ial, 132-3-4-5-6,  146-7— William, 
residence  with,  45 — liberality  of, 
49— Sarah,  58— Louisa,  142,  157-8 
—Philemon  H.,  157. 

FOREIGN  Missions,  contribution  of 
children  to,  243. 

FORFEITURE  of  real  estate  of  rebels, 
pamphlet  on,  362. 

FRANKLIN,  Benjamin,  his  works  read, 
19,  54— Captain,  and  his  party,  77 
—Bank  failure,  104. 

FULTON  Ferry  Association,  article 
for,  195. 

G. 

GAMBLING  of  brother,  20-1— meas- 
ures to  stop  it,  26-7-8. 

GAULEY  Mountain,  ride  over,  160-1. 

GENEALOGIES  of  the  Foots,  7. 

GENERAL  Banking  Law,  arguments 
upon,  192-3,  198-9. 

GENEVA,  visits  to,  and  time  spent 
before  residence,  in  the  year  1824, 
62-3— in  29,  108— in  31, 126— in  32, 
132  to  138— in  34,  164— in  37,  183— 
in  39,  192-in  41,  206— in  42,  213- 
14— in  43,  224— in  44,  236— in  45, 
244_5_in46,  249— political  address 


there,  232— trip  while  there  in 
1846,  250— purchase  of  house  and 
grounds  there,  250-1— College,  A.M. 
from,  126 — address  for  in  New 
York,  128— LL.D.  from,  235— Lit- 
erary Association,  370,  382. 

GEORGE,  bom  and  baptized,  261— 
his  acts  and  pursuits,  367,  380,  405 
-6,  408,  410,  413. 

GLASSES,  use  of  and  reflections  upon, 
227. 

GLENS  Falls,  visits  to  and  descrip- 
tions of,  73-4. 

GOD,  dependence  on,  74,  121 — com- 
mitment to,  79— forgiveness  for 
ingratitude  asked,  107 — prayers  to 
on  special  occasions,  165,  192 — 
thanks  to  for  manifest  favors,  103-4 
-5,  110-11,  121,  128,  160,  163,  165, 
171,  176,  199,  250. 

GOODWIN,  Nathaniel,  author  of  Foot 
Genealogies,  7. 

GREEK  Testament,  read  on  Sunday, 
107— completed  the  Gospels,  102. 

GRAHAM,  J.  L.,  his  friendship,  103. 

GURLEY,  Rev.  R.K.,  meeting  with,  158. 

GUYANDOTTE,  stay  at,  161. 


H. 

HABITS  of  life,  settled  and  stated, 
174-5,  201. 

HAMILTON  Literary  Association,  lec- 
ture before,  194. 

HAMMOND,  Jabez  D.,  a  prominent 
politician,  95 — letter  from  him  and 
to  him,  114-15. 

HARPERS  Ferry,  stay  at,  158. 

HARRISBTTRG,  Pa.,  visit  there,  377. 

HARTFORD,  Ct.,  visit  there,  204. 

HAWKS  Nest,  view  from,  160. 

HEALTH  failed  in  December,  1840, 
200— continued  in  1841,203-4-5— 
cause  of  it,  197— not  good  in  1844, 
236— nor  in  1845,  rigid  diet  and 
exercise  to  preserve  it,  243-4— same 
in  1846,  250. 

HISTORY,  study  and  table  of,  18. 

HONE,  John,  and  family,  fellow-trav- 
elers, 73-4. 

HOOKER,  General,  visit  to  and  inter- 
view with,  364. 

HOBSE  and  wagon  bought,  147 — sold, 
180. 

HOUSE  in  Albany  purchased,  52 — oc- 
cupied, 53— sold,  102— in  New  York 
built,  175-6 — sold,  254— in  Geneva, 
on  fire,  267. 


430 


INDEX  TO  VOLUME  I. 


HOUSEKEEPING,  commenced  in  Al- 
bany, 49— in  New  York,  109. 

HOUSEMAN,  Win.,  suit  of,  and  success 
in,  35  to  41. 

HOWES,  Samuel  A.,  visit  to,  164 

HUDSON  river,  navigation  of  and  me- 
morial for,  75 — east  bank  of,  ride 
on,  80— west  bank  of,  do.,  118. 

HUNT,  Governor,  appointed  judge  by, 
274— retained  as  counsel  for  state 
by,  286-7  — Wilson  G.,  a  friend, 
338. 

HUYGENS,  Le  Chevalier,  attention 
from,  97. 


I. 


ILI-NESS  in  December,  1840, 200— con- 
tinued in  41,  203-4-5— cause  of  it, 
197. 

ILL  turns  in  1838,  188— and  1844, 
236. 

IMPRISONMENT  and  cause  of  it,  28-9, 
30-1— treatment  in  prison,  30— now 
discharged,  31-2. 

IMPRISOXERS,  end  of  them,  32. 

INDEPENDENCE  of  this  country,  by 
whom  obtained,  8. 

INDQRSER  for  brother,  26. 

INDORSING,  folly  of,  33-4. 

INDIAN  villages,  incidents  at,  63, 
70-1. 

INTEMPERANCE,  suppression  of  by 
prohibitory  law,  301. 

INVESTMENT,  yearly,  53. 

ITHACA,  visits  there,  and  objects  of 
them,  192-3-4,  210-11-12. 


J. 

JAIL,  committed  to  and  cause  of  it, 
28-9,  30-1— treatment  in,  30— how 
relieved,  31-2. 

JANE,  born  and  baptized,  274 — united 
with  church,  390. 

JEFFERSON,  Thomas,  my  opinion  of 
him  changed,  45. 

JOHN,  my  brother,  death  of,  19— my 
son,  born,  167 — other  events  of  his 
life  and  death,  272,  282,  288,  301-2, 
333, 339-40,  345-6, 448-9, 351, 353-4. 

JOHNSON,  Alexander,  Chief  Justice, 
letter  of,  85-6 -Chapman,  fellow- 
traveler,  159-60. 

JOURNEYS,  to  Boston,  80-1-2-3-4— 
again,  244— to  Detroit,  255 — Gen- 
eva, 108,  132,  183,  192,  206,  213, 
224,  236,  244,  249— from  Geneva  to 


Albany,  138— to  Kansas,  333— La  w- 
renceburg,  Ind.,  157  to  165 — from 
New  York  through  Westcliester, 
Putnam,  and  Dutchess  counties, 
Watertown,  Ct.,  Albany  and  Sara- 
toga counties,  147-8 — to  Ogdens- 
burg,  42-3-4,  90,  177,  266,  299,  338 
— Troy,  on  foot,  11-12 — Watertown. 
Ct.,  88-9, 182,  205, 267, 368— Water- 
town,  N.  Hampton,  Albany,  116 
-17-18. 

JUDGE  of  Court  of  Appeals,  appoint- 
ed, 274 — nominated  for  election, 
275— not  elected,  277-8. 

JUDICIAL  duties,  manner  of  discharg- 
ing, 279-80— ended,  285. 

JUDSON,  D.  C.,  my  friend,  69,  92— 
Mrs.,  the  missionary,  life  of,  268-9. 

JUNIOR  members  of  bar,  kindness  to, 
41. 

K. 

KANE,  James,  his  generous  act,  32. 

KANSAS,  journey  there  with  Samuel 
C.,  333-4. 

KENO  table,  my  adventure  with,  13, 
14. 

KENT,  club,  member  of,  183,  186 — 
James,  his  friendship  and  inter- 
course with  him,  26,  32,  39,  40,  51- 
2,  53,  56,  93,  103,  121— Moss,  his 
friendship  and  intercourse  with 
him,  69,  72-3,  86,  91— William,  in- 
timacy, social  and  professional,  53, 
93,  103, 110,  121— his  death  and  my 
address,  349. 

KILLED,  near  being,  127— again,  331. 

KINDNESS  of  Mr.  and  Mrs.  Dibble, 
23^. 

KNITTING,  my  mother  and  Mariam, 
42-3. 

L. 

LAKE   Erie,  passage  over  it,  163— 

George  and  vicinity,  visit  to,  73-4 
LANGUAGES,  French,  Spanish,  Latin, 

Greek,  study  of,  76,  104,  122,  167, 

175,  198. 
LAW,  began,  and  mode  of  study  of, 

20-1-2— chart,  24-5. 
LAWRENCE,  born.  235 — other  events 

of  his  life,  334,  346,  348,  366-7,  373, 

380,  391,  405-6,  410. 
LAWRENCEBURG,  Ind.,  visit  to,  161-2. 
LEBANON  Springs,  visit  to,  153. 
LECTURE    before    Fishkill    Landing 

Lyceum,  292 — Geneva  Literary  As- 


INDEX  TO  VOLUME  I. 


431 


sociation,  370— Hamilton  do.,  194— 
Mercantile  Library  Association,  145- 
-6 — Young  Men's  Association  of 
Buffalo,  270— Young  Men  of  Ge- 
neva, and  Literary  Association  of 
do.,  270. 

LEGISLATURE,  member  of,  and  duties 
of,  306  to  311,  315  to  325— attention 
to  duties  of,  315-16. 

LEGAL  Tender  Notes,  arguments  to 
support  their  constitutionality,  361 
-2. 

LETTEK,  public,  to  United  States 
Senators  of  New  York,  378-9. 

LIBERIA,  independence  of,  265. 

LIBRARY,  removal  to  my  house  in 
Albany,  76— of  my  law  library  to 
New  York,  410. 

LIFE,  mine,  in  peril,  127,  331 — bar- 
ren, 54,  227— plan  of  in  1868,  407. 

LINCOLN,  interview  with  him,  and 
present  at  cabinet  meeting,  346-7-8. 

LITERARY  Association  of  Geneva, 
lectures  before,  270,  370. 

LOCKPORT,  visits  there,  67,  164. 

LODGINGS,  103— tired  of,  109. 

LONG  Branch,  visit  there,  187. 

LORD,  Daniel,  118-19. 

LOT  on  Broadway  bought,  167. 


M. 

McAuLEY,  Thomas,  a  wise  educator, 
13,  14. 

MACKENZIE,  Commander,  U.  S.  N., 
article  in  his  defence,  219. 

McMuLLEN,  Mary,  long  in  our  ser- 
vice, 251. 

MANAGER  of  American  Bible  So- 
ciety, 220. 

MANSFIELD,  Edward,  a  friend,  161. 

MARGARET,  birth,  48 — baptism  and 
death,  50. 

MARIAM  Fowler,  first  acquaintance 
with,  19 — marriage  with,  42 — uni- 
ted with  church,  50 — letters  from, 
74  — health  not  good,  84  — near 
death,  120-1 — sickness,  death,  char- 
acter, presents  to  me,  and  burial, 
132  to  136,  146-7. 

MARRIAGE  with  your  mother,  152, 
156. 

MARY,  born,  194 — other  events  of  her 
life  and  death,  199,  282-3,  330-1, 
337,  370,  372,  380,  391. 

MARSHALL,  John,  kindness  of,  96-7. 

MASTER  of  Arts,  126. 

MATHEMATICS,  16,  17. 


MEMBER  of  Assembly,  elected,  303, 
312. 

MEMORIAL  against  taxation  for  rail- 
road, 291. 

MEN  and  women  of  New  England 
won  our  independence,  8. 

MERCANTILE  Library  Association, 
lecture  before,  145-6. 

METHODIST  camp-meeting,  23. 

METROPOLITAN  Police,  agency  in 
creating  it,  317. 

MILLSTONE,  N.  J.,  speech  there, 
231-2. 

MIND  does  not  sleep,  17. 

MOHAWK  Valley,  ride  through  and 
description  of,  59. 

MONEY,  little  at  college,  16 — none 
while  studying  law,  23— application 
of,  when  earned,  26. 

MONTREAL,  visits  at  and  Papal  insti- 
tutions, 71,  338. 

MONUMENT  over  graves  of  Mariam 
and  our  daughter,  148. 

MORNINGS,  how  passed,  86,  89, 130-1, 
141,  259. 

MOTHER,  (my)  self-sacrificing,  11 — 
provision  for  and  residence,  19,  20 
— (your)  first  acquaintance  with 
her,  144— engagement  of  marriage 
with  her,  156— marriage,  152,  156 
converted,  166 — baptized  and  join- 
ed church,  171— very  ill,  186— de- 
votion to  maternal  duties,  205-6, 
268-9— marked  maternal  act,  242 
— a  kind  and  magnanimous  act, 
136— not  well  in  1851,  and  journey 
for  her  benefit,  281— same  in  1853, 
295 — visits  to  me  at  Albany,  311, 
327 — accompanied  me  to  Washing- 
ton, 337— to  the  city,  342— attend- 
ed Alfred  in  hospital  at  Philadel- 
phia, 371-2— her  death,  funeral, 
character,  wardrobe,  monument, 
393  to  401. 

MOUNTAIN  House,  Catskill,  visits  to, 
118,  301. 

MOUNT  Vernon,  visit  to,  365. 

MULLROSE,  purchase  of,  251 — work 

on  completed,  256. 
\  Music,  attempt  to  learn,  144-5. 

MUSING,  correction  of,  55-6. 

MYERS,  Charles  G.,  assisted  to  nomi- 
nate him  as  Attorney  General,  337. 


N. 

NAME,  spelling  of,  7. 
|  NAVAL  History,  arbitrator  on,  211-12. 


INDEX  TO  VOLUME  I. 


NEW  England  men  and  women  won 
our  independence,  8 — tour  through, 
116-17-18— society,  149,  152-3. 

NEW  Haven,  visits  to,  81-2,  116, 368. 

NEW  London,  visit  to,  82. 

NEWPORT,  visit  to,  82. 

NEW  York,  visits  to  when  living  at 
Albany,  91,  104-5,  118,  126— re- 
moval to  contemplated,  90-1 — de- 
cided on,  92 — lodgings  in,  103. 

NIAGARA  Falls,  desire  to  visit  them, 
57_visits  to  them,  65-6-7, 164, 266, 
377. 

NOMINATION  for  county  judge  de- 
clined, 302— for  Assembly  accepted, 
302-3,  312. 

NORTH  Adams,  visit  to,  117. 

NORTHAMPTON,  visits  to,  84, 117. 

NOilTH,  Samuel,  ill  health,  24 — death, 
26. 

NORTHERN  New  York,  visit  to,  73-4. 

NOTT,  Eliphalet,  his  kindness,  20. 

NULLIFICATION,  in  South  Carolina,  98. 

NURSE,  death  of,  226. 


O. 

OFFICE  built  and  occupied,  52. 

OGDENSBURG,  journey  to  with  Mar- 
iana and  Mr.  and  Mrs.  Conklino1, 
42-3-4— visits  to,  69,  90,  177,  266, 
299,  338. 

OGDEN,  D.  B.,  105-6. 

OHIO  river,  161— state  of,  162-3. 

ONONDAGA  Hollow,  visit  to,  60-1. 

OPERA,  first  idea  of  it,  81. 

ORATION  on  4th  of  July,  1810,  19. 

ORPHAN  Asylum  in  Albany,  75 — 
same  in  New  York,  argument  for, 


P. 

PACKET  boat  on  canal,  ride  on,  58. 
PANIC  in  1857,  professional  services 

in,  327-8-9. 
PARENTS,  who  and  what  they  were, 

7,  8,  9 — their  descendants,  patriotic, 

8,  9— their  children  educated,  9 — 
Christians  and  strict  keepers  of  the 
Sabbath,  9-10. 

PARTNERSHIP  with  brother,  26 — 
with  James  Edwards,  53 — with 
Wm.  Kent,  93 — Henry  E.  Davis, 
115 -qualified  with  Wm.  E.  Cur- 
tis, 285. 

PASTORS  of  Collegiate  church,  New 
York,  208-9. 


PATRIMONY,  small,  20. 

PATRIOTISM,  evidences  of  it,  360-1, 
369. 

PHI  Beta  Keppa  Society,  address  be- 
fore at  Schenectady,  291-2. 

PHILADELPHIA,  visits  to  in  1828,  94 
—in  34,  157— in  39,  195— in  64, 
368,  371-2. 

PHILLIPS,  Rev.  Dr.,  interviews  with 
him  in  1833,  141-2— married  your 
mother  and  me,  156. 

PHILOMATHEAN  Society  in  Union 
College,  member  of,  16-17. 

PINE  Creek,  Pa.,  excursion  to  with 
sons  and  nephew,  271. 

POLITICS,  my  first  position  and  act 
in,  45-6-7-8 — supported  J.Q.  Adams 
for  President,  87,  91-2,  98-9-100— 
became  a  political  Anti-mason,  101 
— continued  to  be,  123-4, 139, 144— 
a  Whig,  supported  Clay  and  Fre- 
linghuysen  for  President  and  Vice- 
President,  230-1-2— became  a  Re- 
publican and  elected  a  Member  of 
Assembly,  302-3. 

PORTER,  P.  B.,  visit  to  him,  64. 

PORT- WARDENS,  drew  bill  for,  and 
established  Board,  317-18. 

POTATOES  dug  by  light  of  a  lantern, 
11-12. 

POTASHERY,  how  potash  is  made, 
61. 

PRAIRIE,  first  one  seen,  162-3. 

PRAYER,  first  one  made  in  public, 
216. 

PRESBYTERIAN  Board  of  Education, 
address  for,  156. 

PRESIDENTIAL  nominations  and  elec- 
tion (Clay  and  Frelinghuysen,  can- 
didates), 230-1-2— my  views  and 
feelings  on  the  result,  233-4. 

PRESIDENT  Lincoln,  letter  to  him, 
359. 

PRIVATE  station,  God's  will  as  to  me, 
234. 

PROFESSION  in  New  York,  103-4— 
full  occupation,  and  retainers  de- 
clined, 107 — engagements  increased 
in  importance,  122 — advancement 
in  it,  175-6 — very  successful  in 
1837, 180-1— business  large  in  1838, 
preparation  for  arguments  easier, 
income  from  larger  than  ever  be- 
fore, 187 — most  important  cause 
had  ever  argued,  192-3 — took  near- 
ly all  my  time  in  1839, 195 — unu- 
sually exacting  in  1840,  allowed 
no  summer  recreation,  prostrated 
by  sickness,  197-8-9— three  impor- 


INDEX  TO  VOLUME  I. 


433 


tant  services  in  42,  viz.,  trial  at 
Ithaca,  contest  between  Whigs  and 
Democrats  for  the  city  government, 
and  arbitration  between  Stone  and 
Cooper,  210-11-13 — character  of 
engagements  in  1833,  143 — in  35, 
167— in  41,  205— in  44,  230— in  49, 
264 — resumed  in  1852,  in  Geneva 
and  New  York,  285-6  —  required 
most  of  my  time  in  1853,  291— in 
55,  same,  303 — engagements  unusu- 
ally numerous  in  56,  311-12— many 
in  the  city  and  some  in  other 
places  in  58,  332— nearly  all  in  the 
city  in  59,  336-7 — great  labor  cast 
on  me  by  John's  sickness  in  60, 
340 — engaged  mostly  in  the  city 
in  61,  344  — same  in  62,  but 
somewhat  in  other  places,  357 — less 
in  the  city  in  63,  361— retained  by 
Secretary  of  United  States  Treas- 
ury, and  argued  constitutionality 
of  Legal  Tender  Notes,  361-2— re- 
quired only  a  small  part  of  time 
in  1864,  and  declined  retainers 
in  new  business,  368 — small  por- 
tion only  required  in  65,  376-7 — 
more  in  66,  owing  to  Mr.  Curtis' 
illness,  382— scarcely  any  in  68, 
407-8— in  69  argued  a  last  cause  in 
Court  of  Appeals,  412. 

PROPERTY,  more  than  needed,  vanity, 
87. 

PROSPECTS  in  life  changed,  10-11. 

PROVIDENCE,  R.  I.,  visit  there,  83. 

PUNISHMENT,  unjust,  carefully  to  be 
avoided,  13-14. 


Q. 

QUEBEC,  Canada,  visit  at,  71-2. 

QUINCY,  Josiah,  social  intercourse 
with,  83  —  Josiah,  jr.,  fellow-trav- 
eler, 65,  68,  72— social  intercourse 
with,  83-4. 

R. 

RADCLIFF,  Peter  W.,  an  opponent, 
36. 

RAILROAD,  first  ride  on,  126-7. 

RAYMOND,  Henry  J.,  anecdote  of, 
223-4. 

READING,  general,  while  studying 
law,  22— snatches  of  time  given  to 
in  29,  and  books  thus  read,  107-8— 
same  in  35,  167,  170-1 — considera- 
ble in  38,  186-7— little  in  40, 198— 


snatches  of  time,  and  often  in  court, 
given  to  it  in  43,  219— more  in  44 
than  previous  years,  230 — a  good 
deal  while  attending  Court  of  Ap- 
peals in  49,  266— professional,  123 
—party,  family,  171. 

REBEL  states,  their  constitutional 
condition  and  reconstruction,  378-9. 

RECREATION  in  1829,  108 — in  30, 
118— in  31,  127— in  32,  131,  139— 
in  33,  148-9— in  39,  195— in  40, 
198-9— in  41,  206— in  42,  213— in 
43,  224— in  44,  236— in  45,  244-5— 
in  46,  250— in  50,  271— in  51,  281— 
in  52,  288— in  53,  295 -in  55,  301— 
in  56,  313— in  57,  315— in  58,  333— 
in  59,  337— in  60,  342— in  62,  357— 
in  63,  363-4— in  6 


RECOGNITION  in  heaven,  401-2-3. 

REFEREE,  actions  heard  and  decided 
in  1851,  280-1— in  53,  291— in  54, 
297— in  55,  303— in  56,  312— in  57, 
327— in  58,  332-3. 

REMOVAL  from  Albany  to  New  York 
contemplated,  91— made,  103 — from 
New  York  to  Geneva,  and  reasons 
for,  253-4-5. 

REPUBLICAN  form  of  government, 
382-3. 

RESIDENCE,  beginning  of,  with  your 
mother,  165. 

RETURN  from  Geneva  to  New  York 
in  1832, 138. 

RIDGE  road  and  incidents  on  it,  67-8. 

ROBERT,  born,  219 — death  and  funer- 
al, 241-2. 

ROBERT  Ebenezer,  born  and  bap- 
tized, 242 — other  events  of  his  life, 
334,  350,  367,  373-4,  877,  379,  390, 
391-2,  405,  409-10. 

ROBERTS,  Edmund  W.,  a  grandson, 
born  and  baptized,  391. 

ROCKAWAY,  time  spent  there,  199, 
200. 

ROCHESTER,  first  visit  there,  68. 

ROMAN  Catholic  hierarchy,  57. 

RULES  of  life,  17-18. 


SABBATH,  how  kept  by  my  parents, 
and  their  Sunday  room,  9-10 — how 
kept  by  me,  56, 78, 140-1-3, 149-50, 
151,  165,  172-3,  179,  188-9,  195-6, 
201-2,  208-9,  216,  225,  227,  237-8, 
246,  252,  258,  262-3,  267-8,  272, 
290,  304-5,  818-14  — reading  on, 


434 


INDEX  TO  VOLUME  I. 


123,  131— visits  on,  129— traveling 
on,  162— school,  children  sent  to, 
243— instructor  in,  266,  271,  289, 
390. 

SACKETT'S  Harbor,  visit  there,  69. 

ST.  LAWRENCE  river  and  rapids,  69- 
70. 

ST.  REGIS,  Papal  ceremony  there, 
70-1. 

SAMUEL  C.,  born  and  baptized,  176 — 
his  early  musical  taste,  243 — events 
of  his  life,  his  character,  and  death, 
270-1-2,  282,  288,  298,  302,  333, 
342,  346,  354-5-6-7. 

SANDUSKY,  O.,  arrival  and  stay  there, 
162-3. 

SANDFORD,  Nathan,  a  friend,  96. 

SALT,  mode  of  manufacture  at  Syra- 


SARATOGA  County,  visit  to  relatives 
there,  288-9. 

SCARLET  fever  in  family,  225-6. 

SCHENECTADY,  short  and  pleasant 
stop  there,  177. 

SCHOLARSHIP  at  college,  17. 

SCHOOL  house,  old  red,  in  Water- 
town,  Ct.,  10. 

SCOTT,  Winfield,  our  first  acquaint- 
ance, 91— chess  with,  118. 

SCOTT'S  Bible,  reading  of  completed, 
261-2. 

SCOVILL,  Selah,  bought  old  farm  in 
Watertown,  Ct.,  11-19— mister,  visit 
from,  139. 

SENATORS,  United  States,  letter  to, 
378-9. 

SEWARD,  Wm.  H.,  at  Baltimore  con- 
vention, 123. 

SHAKESPEARE,  read  him  early,  18. 

SICKNESS  in  1838,  188— in  December, 
40,  200— cause  of  it,  197— continued 
in  41,  203-4-5— in  42,  214— in  44, 
236— in  60,  341. 

SILLIMAN,  Benjamin,  first  acquaint- 
ance, time  spent  with,  55-43 — his 
tour  to  Quebec,  57. 

SISTERS,  met  three  at  Ogdensburg, 
177— met  four  at  same  place,  266. 

SLAVERY,  my  views  before  1854, 
change  of  them  in  that  year,  124-5 
— proposed  future  action,  298 — my 
views  in  January,  1856,  311. 

SLEEP,  hours  of  it  regulated,  19,  86. 

SLEIGH  purchased,  thoughts  about 
it,  87. 

SMITH,  John  Cotton,  address  on  his 
death,  241. 

SOCIAL  duties  and  enjoyments  in 
1822,  53— in  35,  76-7— in  26,  84— 


in  49  when  at  court  away  from 
home,  266— for  other  years,  see 
"  Time,  how  used." 

SOCIAL  intercourse,  obliged  to  limit 
it,  108. 

SODUS  bay,  fishing  in  it,  377. 

SOLICITOR  in  chancery,  ex  gratia, 
32-3. 

STORRS,  Henry  R.,  a  friend,  96. 

SOMMERVELLE,  N.  J.,  visit  to,  224. 

SONS  took  part  in  morning  devotions, 
259— in  army,  345-6,  374-5. 

SOUND,  Long  Island,  shore  of,  81. 

SPEECH  at  political  meeting  in  Al- 
bany in  1820,  51-2— on  New  York 
city  taxes,  308— on  Supply  bill, 
318-19  — for  other  speeches,  see 


SPENCER,  Ambrose,  51-2. 

SPIRITUAL  life  and  progress,  relig- 
ious thoughts  and  feelings  in  1822, 
53-4-in  23,  55— in  24,  74— in  25, 
75,  78-9— in  26,  79,  84— in  27,  87— 
in  28,  102-3— in  29,  110-11— in  30, 
120-1-2— in  31, 129-30— in  32, 139- 
40-1-2-3— in  33,  149-50-1— in  34, 
165-6— in  35,  171-2-3^— in  36, 
178-9-80— in  37,  184-^-6-in  38, 
188-9-90— in  39,  95-6-7  — in  40, 
200-1-2-3— in  41,  207-8-9-10— in 
42,  215-16-17-18— in  43,  225-6-7-8 
-9— in  44,  237-8-9— in  45,  245-6-7 
—in  46,  251-2-3— in  47, 257-S-9-60 
—in  48,  261-2-3— in  49,  267-8-9— 
in  50,  272-3-4— in  51,  283^-5-in 
52,  289-90— in  53,  295-6— in  54, 
300— in  55,  304-5-6— in  56,  313-14 
—in  57,  330-1-2— in  58,  335-6— in 
59,  339— in  60,  343— in  61,  350— in 
62, 359-60— in  63,  367-8— in  64,  376 
—in  65,  381-2— in  66,  392— in  67, 
406-7— in  68,410-11— in  69, 413-14. 

SPRINGFIELD,  N.  J.,  visits  to  in  1834, 
165— in  35, 170— in  36, 177— in  37, 
182— in  38,  187— in  39, 195— in  40, 
199— in  41, 206— in  42,  213— in  43, 
224,  in  44,  236— in  45,  241-2-4— 
in  46,  250— in  47,  254— in  49,  266— 
in  53,  295— in  55,  301— in  60,  342— 
in  62,  355. 

SPRINGS,  Warm,  Va.,  159— White 
Sulphur,  159. 

STONE,  Wm.  L.,  controversy  with  F. 
Cooper,  211-12. 

STORE,  built  for  Mr.  Campbell,  175-6 
— my  own  burned,  340. 

STRANG,  trial  of,  89-90. 

SUBSCRIBERS  to  relieve  me  from  jail 
became  clients,  32. 


INDEX  TO  VOLUME  I. 


435 


SUFFRAGE,  my  views  on,  383-4-5. 

SUPREME  Court  United  States,  92, 
9C — of  this  state,  first  case  in,  33. 

SUPPLY  bill,  speech  on,  318-19-20. 

SYNOD,  General,  of  Reformed  church, 
attended  it,  333 — again,  and  article 
on  word  "  Dutch,"  404-5. 

SYRACUSE,  visit  to  in  1824,  61— at- 
tended convention  in  1859,  337. 


T. 

TALCOTT,  Samuel  A.,  38,  128-9. 

TARIFF,  action  on  in  1827,  92 — in 
1828,  95,  98-9-100-1. 

TAXES  in  1866,  injustice  and  correc- 
tion of,  385-6-7-8-9. 

TEMPERANCE  cause,  support  of,  167 
-8 — pledge  signed,  149  —  League, 
president  of,  265-6,  271— prohibi- 
tory law,  301. 

THANKSGIVING  day,  228— for  like 
notices  of  this  day  in  other  years, 
see  "  Spiritual  life." 

THOMAS,  born,  254— baptized,  256— 
other  events  of  his  life,  334,  367-8, 
375,  377,  380,  390,  409,  413. 

THOMPSON,  James,  enter  his  office  as 
clerk,  20-1— Hon.  Smith,  a  friend 
to  me,  94,  221 — in  his  company  to 
Washington,  94  —  his  friendship 
there,  95-6 — on  committee  of  bar  to 
attend  his  funeral,  221— his  charac- 
ter, 221— designated  by  the  public, 
and  recommended  by  bar  as  his 
successor,  221-2-3,  230. 

THOUGHTS  controllable,  effect  of  their 
control,  55. 

THOUSAND  Islands,  69. 

TIME,  waste  of  it,  54-5 — how  used  in 
1823,  56— how  in  24,  74— in  25,  75 
—in  26, 79— in  27, 87-8, 90— in  28, 97 
-8,105-in  29, 107-8-9-in  80, 111-12 
—in  31, 122-3— in  32, 130-1-2,  138 
—in  33, 143-4— in  34,  152,  165— in 
35, 167— in  36,  175-6— in  37,  180-1 
—in  38,  186-7— in  39,  192,  195— 
in  40, 197-8— in  41,  205— in  42,  210 
—in  43,  219— in  44,  229— in  45,  239 
—in  46,  247— in  47,  253-4-5-6— in 
48,  260-1— in  49, 264— in  50, 269-70 
—in  51,  274,  280-1— in  52,  285-6— 
in  53,  291— in  54,  297— in  55,  303-4 
—in  56,  306— in  57,  315— in  58,  332 
—in  59,  336-7-8— in  60,  340-1— in 
61,  344— in  62,  357— in  63,  362— in 
64,  368— in  65,  376-7— in  66,  382— 
in  67,  404— in  68,  407-8— in  69,  412. 


TOBACCO,  use  of  abandoned,  52. 

TOMPKINS  County  Circuit,  trial  at, 
210-11. 

TOUR  to  Western  New  York,  Canada, 
Northern  New  York,  57  to  74— to 
Boston  via  Hudson  river,  Long 
Island  Sound,  Providence,  80-1-2- 
3-4— from  New  York  to  Water- 
town,  Ct.,  New  Haven,  Hartford, 
Springfield,  North  Adams,  Albany, 
west  side  of  Hudson  river  to  New 
York,  116-17-18— wedding,  157  to 
165. 

TREES  planted  on  Mullrose,  260. 

TRENTON  Falls,  visits  to,  60,  164. 

TROY,  journey  to  on  foot,  a  year 
there,  11,  12, 13. 

TRUSTS,  rule  of  action  as  to,  220. 

TWINS  born,  baptized,  274. 


U. 

UNION  College,  grammar  school  of, 
13,  14— hard  study  to  enter  it,  16— 
chairman  of  meeting  of  alumni, 
220 — duty  discharged  as  committee 
of,  235 — conferred  on  me  degree  of 
LL.D.  in  1853,  294-3. 


V. 

VALEDICTORY  on  Court  for  Correc- 
tion of  Errors,  249. 

VAN  Buren,  Martin,  88. 

VAN  Rensselaer,  Stephen,  his  election 
advocated  and  biographical  notice 
of  him,  51-2. 

VAN  Vechten,  Abm.,  his  election  ad- 
vocated and  biographical  notice  of 
him,  51-2 — with  him  at  Ballston 
Spa,  56 — address  on  his  death, 
181-2. 

VERMILYE,  Rev.  Thomas  E.,  116-17. 

VILLAGE  tax  for  railroad,  memorial 
on,  291. 

VISITORS,  numerous  in  1853,  291. 

VISIT  with  your  mother  in  1851  to 
relatives  at  the  East,  281— to  chil- 
dren, 408. 

VIVIAN,  an  English  officer,  65,  68-9, 
71. 

W. 

WADSWORTH,    General,  fellow-trav- 
eler, 59. 
WALWORTH,  Chancellor,   friendship 


436 


INDEX  TO  VOLUME  I. 


of,  74,  101-2-3-4— letter  from, 
137. 

WASHINGTON,  first  visit  to,  94-5-6-7 
— mode  of  traveling  to  in  1828,  95 
—visits  to,  271-2,  337,  346-7-8— 


WAB  of  1812,  anxious  to  enter  army, 
45 — of  the  slaveholders  in  1861,  my 
views  of  duty,  344 

WATEBTOWN,  Ct.,  my  birth-place,  8 
—visits  to,  88-9,  182,  205,  267,  368. 

WEATHEBSFIELD,  Ct.,  residence  of 
ancestor,  7. 

WEBSTEB,  Horace,  brother-in-law, 
visits  to,  108, 126, 132,  164— Lucien 
B.,  a  friend,  was  on  my  wedding 
tour,  157. 

WEDDING  of  myself  and  your  moth- 
er, 156 — tour,  157  to  165 — anniver- 
sary of,  331 — for  other  notices  of 
this  anniversary,  see  "  Spiritual 
life." 

WELLS,  John,  an  eminent  lawyer,  37, 
39. 

WESTEBN  New  York,  visit  to  contem- 
plated, 57— made,  58  to  64,  66-7-S. 

WEST  Point,  visits  to,  91,  118,  127, 
150, 170. 

WESTON,  N.  J.,  visits  to,  244,  267. 

WHIGS  and  Democrats.contest  for  city 
government,  my  arguments  on,  211. 

WHIPPLE,  Mrs.,  trial  of,  89-90. 

WHITE  Mountains,  visit  to,  337-8. 

WHITTBEDGE,  W.,  engaged  to  Eu- 
phemia,  391— married  to  her,  406. 


WILLIAM  born,  266— baptized,  271— 

other  events  of  his  life,  367,  376 

377,  380,  390,  406. 

WiLLiAMSTOWN,  Mass.,  visit  to,  282. 
WILL  made  in  1825,  77-8— in  1842, 

214-15— in  1866,  215. 
WIBT,  Wm.,  intercourse   with  him, 

96, 123-4. 
WILSON,  W.  D.,  his  and  my  pain 

phlet,  362— his  and  my  speech,  408- 

9-10. 
WINE  given  up,  255. 


Y. 

YEABS,  1803,  1804, 1805,  9-loil-12 
—year  1806,  13—1807, 15—1*0.  19 
—11,  21—12,  24-5—13,  25-6—14, 
26-7-8-9-30-1-2—15,  33-4—16,  34 
-5—17,  36,  47-8—18,  37-8-9,  42— 
19,  39-40-1,  43—20,  40,  50—21,  51 
-2—22,  41,  53—23,  54—24,  57—25, 
75—26,  79—27,  87—28,  94—29, 107 
—30,  111—31,  122—32,  130—03, 
143_34)  152—35,  166—36, 174-37, 
180—38, 186—39, 190—40, 197—41, 
203—42,  210-43,  219—44,  229—45, 
239—46,  247—47,  253—48,  260—49, 
264—50,  269—51,  274—52,  285—53, 
291—54,  297—55,  301—56,  306—57, 
315—58,  832—59,  336—60,  339— tn, 
344—62,  350—63,  360—64,  368—05. 
376—66,  382—67,  392—68,  407— 6&. 
411. 


•™  OF  CALIR 
This  ix. 


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